Workers’ compensation provides compensation for on-the-job injuries, without the employee having to prove their employer was liable. However, there are limits to what workers’ compensation will cover. Here are some of the instances in which your injuries may not be covered:
- Injuries on the way to or from your job: Workers’ compensation is designed to compensate for on-the-job injuries—that is, injuries when you’re on the clock. Driving to and from work typically does not qualify. However, injuries while driving for work-related tasks will likely be covered.
- Injuries involving alcohol or drugs: If you were under the influence of alcohol or drugs at the time of the injury, your benefits may be denied. Your employer must prove you were under the influence of drugs or alcohol when your injury occurred and that the intoxication is the proximate cause of the injury.
- Injuries during optional recreational activities: If you’re injured during an optional work-sponsored recreational activity, such as a work picnic or sports league, workers’ compensation is typically not granted. If the activity was not optional, however, speaking to an attorney will help you understand whether you may be able to receive workers’ compensation benefits.
- Injuries resulting from a violation of company policy: If your injury was caused by failing to follow company rules and safety standards, your workers’ compensation claim may be denied.
- Injuries from horseplay or fighting: When employees fight on the job or goof off, leading to an injury, the injuries are typically not covered by workers’ compensation. However, if your employer allows this behavior to take place, you may be able to recover benefits.
- Pre-existing conditions not aggravated by your job: Pre-existing conditions or injuries are generally not compensable under workers’ compensation, except when your job substantially aggravates those injuries. For example, if you had a pre-existing wrist injury which worsened after performing repetitive motions on a production line, you may be eligible for benefits for the aggravated condition.
- Injuries resulting from self-harm: If you purposely inflict injury on yourself, you likely will not be able to recover workers’ compensation benefits. There are very rare exceptions, so be sure to talk to one of the workers’ compensation attorneys at Dworken & Bernstein for more information.
We can review your claim and determine whether you may be eligible for workers’ compensation benefits. Call today to schedule your consultation.
