Missouri offers workers compensation benefits to an employee who goes to aid a person while in the course and scope of his employment, rendering first aid, emergency care or rescue.
If you get injured while you are attempting to rescue a co-worker found in an emergency situation, you might get workers compensation. However, this rule does not apply to all cases. A “Good Samaritan” work injury needs to happen in certain circumstances for the court to give you the right to workers compensation. If you are unsure whether you qualify for benefits, get in touch with a St. Louis workers compensation attorney and ask for his legal advice.
Here are two examples of rescuing attempts that result in injury, and what makes them qualify or not for worker’s compensation.
You Interrupt Your Work to Give Aid
If you were carrying on your usual activity that is specified in your job requirements and you had to interrupt your work to come to a co-worker’s aid, the court will give you the right to workers compensation, even if the company will try to claim otherwise.
The state of Missouri offers workers compensation benefits to an employee who goes to aid a person while in the course and scope of his employment, rendering first aid, emergency care or rescue.
You Were Off-Duty When Giving Aid
If you were off-duty when the rescuing took place, then you might not be able to claim workers compensation rights. The company can argue that you were not supposed to be in a certain place, or that you shouldn’t have intervened before being instructed to do so by emergency personnel.
Even if you are engaged in a selfless act that actually saves a person’s life, and you get injured while doing it, being off-duty may exonerate the company of the responsibility for your injuries.
Don’t Attempt Rescuing Someone if You Are Not Qualified to Do So
This said, even if you would qualify for workers compensation in case of injury, think twice before trying to rescue a co-worker who is in an emergency situation. Not only you will put yourself at risk, but in some cases, you can do more harm than good by not being properly trained in emergency situations.
If you find a co-worker in an emergency situation, call emergency personnel for help!
Hire a Work Injury Attorney to Defend Your Claim
If you have suffered injuries on your work site while trying to rescue or aid someone else, hire a St. Louis workers compensation attorney who has previous experience with “Good Samaritan” cases. They will know what you will be able to claim, what you qualify for and how to present your case to the court.
We have represented clients who have suffered all types of work related injuries and have a strong history of helping injured workers get the medical attention and financial compensation that they need.
Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call us at (314) 361-4300 or complete our Online Case Evaluation Form.