Injured on The Job? When Workers’ Comp Might Not Cover Your InjuriesBy Kenton Koszdin on May 2, 2022 | In Blogs
Have you been injured at work and are worried about increasing medical and treatment expenditures? Well, you can relax if your employer has Workers’ Compensation insurance. Do you know what Workers’ compensation is? It is a system in the United States that provides compensation payments to employees who have been hurt or become ill as a result of their employment.
State governments usually administer workers’ compensation as part of social assistance programs. Most states currently provide compensation for temporary and permanent impairments, death, and treatment expenditures as part of the program. Workers’ compensation insurance premiums are paid by employers, while state-run insurance funds pay benefits.
How does Workers’ Compensation work and who can avail of the benefits?
Workers’ compensation is a no-fault system i.e. benefits are paid regardless of who is to blame for the injury. The objective of this system is to make up for the difficulties and hardships that the wounded workers experience. Several injuries, however, are not covered by Workers’ Compensation.
Here is a list of injuries that are usually not covered under the Workers’ Compensation program:
- Injuries sustained while the employee is off duty or on vacation are not covered under Workers’ Compensation.
- Workers’ Compensation does not cover injuries caused by pranks or other risky and reckless actions of the employee, although there are rare exceptions. Workers’ Compensation often does not cover losses caused by pranks or irresponsible behavior since they are considered personal decisions rather than job-related hazards.
- Injuries willingly inflicted on oneself are a result of the employee’s own actions rather than their employment. They may occur when employees fail to or deliberately do not adhere to their employer’s safety regulations and procedures.
- If an employee gets hurt while traveling or commuting during off-duty hours, it may not be considered part of their job and therefore may not be covered under Workers’ Compensation.
- Workers who have been fired from their jobs are no longer protected by workers’ compensation insurance unless the injury occurred prior to their termination.
- When an employee gets hurt during criminal activity, they usually are not eligible for compensation. Their injuries are deemed beyond the scope of their work and are therefore denied compensation. If an employee gets injured while stealing a motor car, for example, they will not be eligible for Workers’ Compensation payments since the accident occurred outside of the scope of their employment.
- If an employee is inebriated or under the influence of an illicit substance, and the intoxication is the only cause of the injury, such damages are usually not covered under Workers’ Compensation.
Despite the fact that these injuries may lower your chances of collecting compensation, keep in mind that exceptions are always there. In case of any questions or if you require any information related to workers’ compensation benefits, please feel free to contact us. The Kenton Koszdin Law Office, workers’ compensation attorneys in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family. Feel free to consult our legal team for more information and assistance by calling 800-438-7734.