If you are injured during the course of your employment, there’s a very good chance that you can collect workers’ compensation if the injuries result in medical expenses or time away from work. And while the bar for a valid claim is much lower in a workers’ compensation case than with a personal injury lawsuit, that doesn’t mean that every injury during the course of your employment is fully and completely covered by workers’ compensation protections. In today’s blog, we spotlight four times when your work injury may not be covered by workers’ compensation.
When Would Injuries Not Be Covered By Work Comp?
If you have any questions at all about the potential validity of your injury claim, please reach out to an injury lawyer. All injuries and situations are unique, so we can’t say for certain that all of the following types of injuries will always be denied. Do your due diligence and consult with the team at Hey Workers if you have any questions. With that said, here’s a look at four situations where your work injury may not be protected by workers’ compensation:
Your Commute – If you are injured on your commute into work or on your way home, you are generally not allowed to collect workers’ compensation for these injuries. Although you only suffered the injuries due to your employment, you aren’t considered a compensable employee during your commute to and from work. With that said, if you were performing work duties during your commute (like dropping off a contract at the downtown office) or you were traveling between jobsites and were involved in a crash, you may be eligible for compensation. But for accidents on the way to work or as you head home in the evening, it’s unlikely you’d be eligible for workers’ compensation, although you could be in line for a personal injury lawsuit if the accident was someone else’s fault.
Your Break – If you were injured on your lunch break, you may find it difficult to collect compensation. Again that’s not to say that you’re always out of luck but if you head off campus to grab lunch or to get some exercise during your break, but these injuries likely wouldn’t be covered. However, if you trip walking down the office stairs on your way to get lunch from the cafeteria, you may have a valid claim as you were still on company property performing regular duties associated with your employment. It may not be an open and shut case, but a good lawyer can help you win that case. Just know that injury compensation claims get tougher to win if you are injured on a break or a lunch period.
Horseplay – Workers’ compensation also doesn’t typically pay out individuals who were harmed during horseplay, even if it occurred on the clock. If two workers were waiting for supplies to be delivered at the jobsite and they decided to wrestle one another, a worker would not be able to collect workers’ compensation if he dislocated his shoulder while they were horsing around. Remember that the injured party must be a willing participant for horseplay to render an individual ineligible for compensation. If one employee is horsing around by tying someone’s shoes together and that individual trips and breaks their arm through no fault of their own, they would likely have recourse to compensation.
Intentional – Finally, one type of injury that is never compensable is an intentional injury. If you intentionally injure yourself in hopes of collecting compensation, you are committing fraud. If this act comes to light, not only will your compensation claim be denied, you could face criminal penalties as well. Never intentionally injure yourself in order to try and game the workers’ compensation system, because it could backfire spectacularly.
For help with any other type of work-related injury claim, or to see if you may have valid recourse following an on-the-job injury, reach out to the team at Hey Workers today at (844) 439-9675.
