Four Circumstances Not Covered Under Workers’ Compensation
Brian O Sutter
Workers’ Compensation
When you’ve been injured on the job, you have a right to workers’ compensation. However, there are specific circumstances where your injuries will not be covered by workers’ compensation. In these cases, you will need to meet with a personal injury attorney who can help you determine how to file a claim and what evidence you need to obtain compensation. Understanding Some Important Basics About Workers’ Compensation
In order to understand what circumstances are covered by workers’ compensation, there are few things you need to understand about the law. Workers’ compensation is a program designed to support employees who get injured as part of their normal job duties. There are many jobs that contain a lot of injury risks such as a construction, working at sea, or dealing with aggressive patients or customers. These jobs are necessary for our society, so the law is designed to help protect both the employer and the employees so people continue working in these important fields. That is why it is ultimately considered a no-fault system.
Four Exceptions To Workers Compensation
There are some circumstances that are related to work, that will not be covered by workers’ compensation including:
Your Commute To And From Work
Though getting to work everyday is a requirement of most jobs, the time spent during your commute is not part of your job duties. The law considers the fact that where you live, how you get to work, and what route you take is not determined by your employer. Therefore, they are not responsible for anything that happens during your commute. However, if your drive time is between clients or job sites and you are on the clock, then injuries during that time would be covered.
If You Were Drunk Or High On The Job
The majority of companies have zero tolerance policies for employees abusing substances on the job. If you drank alcohol, or took drugs that could impact your performance, even legal medications, the injuries you sustained are not considered your employer’s fault. Even if the injury you sustained was incurred as a normal part of your job functions. If you take a prescription, you should talk to your doctor about any side effects that could impact your job. Then inform your employer about the risks.
Company Recreation Events
Many companies offer annual events like a holiday party, a BBQ, or even a team building retreat offsite. A lot of these events include physical activities like dancing, relay races, or trust falls. So the risk of injury can sometimes be higher than your normal workday. However, if you are injured at a recreational activity associated with work, your injuries will not be covered by workers’ compensation. That is, unless your employer required attendance. In that case, this requirement makes the recreational activity part of your job duties and therefore, you could file a workers’ compensation claim.
Self-Inflicted Injuries
There is a lot of workers’ compensation fraud in the world. Many people see an easy payout and a way to get some time off of work. Workers’ compensation is designed to cover injuries that were legitimately gained from working. So any injury you caused yourself will not be covered, whether or not it was incurred at the job or not. Sadly, even in cases where you don’t intentionally injure yourself, many employers and their insurance companies will try to make this argument to get out of paying. In these cases, you will need a personal injury attorney to help fight for what is right.
Filing a workers’ compensation claim is complicated, no matter how you get injured on the job. Many employers or their insurance companies will do everything they can to get out of paying, including using the above circumstances. That is why, no matter the circumstances of your injuries, it’s important to hire an attorney that specializes in workers’ compensation like the experienced attorneys at All Injuries Law Firm. We’ll investigate the situation and help determine who is at fault for your injuries. Call us today to learn more!