Layoffs, Weather, and Workers’ Compensation
January 2025
The start of a new year is always a good time to review things that might affect your workers’ compensation claim. In this case, the focus is on layoffs and weather-related conditions away from and at your workplace. Knowing this information can support your claim and help you receive the benefits you deserve.
Layoff
First, the good news: If you’re currently off work by your doctor’s orders and receiving care and treatment for a work-related injury, but are then laid off, your weekly workers’ compensation benefits will continue.
But you need to be aware of these two sneaky maneuvers employers may try.
Sometimes employers will tell you to apply for disability or sub pay during the layoff. This is wrong. They may also insist you must apply for unemployment. You can’t apply for unemployment if you’re not able to work and are receiving weekly workers’ compensation pay.
Your employer shouldn’t put you on layoff status for your pay even if they say they would have put you on light duty if the plant was open. They may try to make this argument, but it’s not correct and you should fight it. If no work was available due to restricted duty when you were off work before the layoff, no work can be claimed available during the layoff, regardless of what the employer says.
Do note that it’s still your responsibility to provide medical updates to your employer. If you’re released during the layoff, you’ll then need to apply for alternative benefits like unemployment and sub pay as your workers’ compensation benefits will end.
Weather-Related Conditions
If you sustain an injury that’s directly related to the weather conditions at or near your place of work, here’s what to know.
The general rule is that you’re not covered under workers’ compensation for any accident that occurs going to or from work. So, if you’re driving to work and have a car accident due to bad weather, that’s not covered.
However, once you enter the parking lot, that rule can change. Any injury that occurs in a parking lot owned or controlled by the employer, may result in workers’ compensation coverage. Your accident still must be a result of a dangerous condition in the lot, but it is a possible claim. If you slip on ice that was in the lot or step into a hole, those claims should be covered. Claims based on simply losing your balance or slipping because the lot was slick after it rained are much more difficult to bring.
Once you enter the building, should you sustain an injury slipping on a wet floor created by the outside conditions, your employer is typically responsible. You must always report all injuries to your employer and document what caused you to slip or fall. It’s not always obvious what occurred, and the burden of proof is on you, the person claiming injury.
Hopefully with this knowledge, you can take steps to minimize issues and make sure you’re managing your workers’ compensation claim correctly. If you have any questions, please feel free to reach out and ask me.
Michael C. Goldberg Law, L.L.C.
Michael C. Goldberg Law, L.L.C., 2258 Grissom Drive, St. Louis, MO 63146, United States
(graphic via Ciker-Free Vector Image @Pixabay)
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