What Injuries are NOT Covered by Workers’ Compensation?

To most people, workers’ compensation is little more than a line item in their paycheck. They don’t know whether it’s something that they pay for or whether it’s provided by their employer, and they’re not entirely sure what it’s there for. That all changes once you’re injured on the job and suddenly realize that it’s there for you – to make sure that your medical expenses are covered, and you’ll be able to pay your bills, even if your injury keeps you from going back to work. Though workers’ compensation is what’s known as a ‘no-fault’ insurance policy that’s paid without having to prove who’s at fault, there are a couple of notable exceptions.  Here are the circumstances under which injuries sustained at work are not covered.

• Being intoxicated or having used illegal drugs. If you fall at work and you hurt yourself, it doesn’t matter whether it happened because the floor was slippery or because you weren’t watching where you were going: you’re covered either way. But if you fell because you were high, or it’s discovered that you’d been drinking, you are not entitled to workers’ compensation benefits.
• Injuries that are self-inflicted or a result of having started a fight. It’s hard to imagine, but there have been unethical employees who have purposely hurt themselves at work to try to collect workers’ comp. Not only are those injuries not covered, but neither are injuries sustained in an on-the-job fight if you’re the one that instigated it.
• Injuries sustained while committing a serious crime or while violating company policy. Rules are rules, and whether they are federal laws, state or local rules, or the rules that are posted in your company’s employee manual, if you’re breaking them and you hurt yourself while you’re doing it, then you lose many of your privileges, including workers’ compensation benefits.
• Injuries sustained while not on the job. Being an employee does not mean that you’re always covered by workers’ compensation. If you’re hurt on your day off and you’re not working, then you’re not covered by workers’ compensation – even if you’re visiting the job site. However, if you’re off-site and working, or running a work-related errand then you are eligible for workers’ compensation benefits

If you’ve been hurt while on the job and you’re not sure whether workers’ compensation benefits are available to you or not, contact the workers’ compensation attorneys at Vanasse Law to set up a consultation to discuss your situation.