The technical law states that:
§ 71-3-7. Liability for payment of compensation
(1) Compensation shall be payable for
disability or death of an employee from injury or occupational disease arising
out of and in the course of employment, without regard to fault as to the cause
of the injury or occupational disease. An occupational disease shall be deemed
to arise out of and in the course of employment when there is evidence that
there is a direct causal connection between the work performed and the
occupational disease.
In English, what this means first and foremost is that fault
is not an issue, and that it only matters whether you were in the scope of
employment at the time of the injury.
We talk to client everyday who spend most of their time
explaining everything the employer did wrong that led to the injury. We
listen, but unfortunately, unless it was intentional it makes no difference
because fault is simply not an issue. If you get hurt at work for a
covered employer, you get benefits. It’s that simple.
Scope of employment is not so simple. There are cases
where you could be off the clock and in your own vehicle and still be covered
if you fall under the traveling employee section. You may be off the
clock and injured in the parking lot on the way to the car and still be
covered. You may hurt your shoulder while doing therapy for a work
related neck injury and still be covered for a new injury. There are many
more examples that would challenge the definition of “scope of employment” but
don’t be too quick to assume one way or another whether injury is or is not in
the scope of employment. If you have had an injury, contact an attorney
and get some free advice as to how the law applies to you.
Rogen K. Chhabra
For questions about this or any other area of the law, visit our website at www.cglawms.com or call our office at 601-948-8005 for a free confidential consultation.
For questions about this or any other area of the law, visit our website at www.cglawms.com or call our office at 601-948-8005 for a free confidential consultation.
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