Workers’ compensation covers a wide range of work-related injuries. While many individual claims are denied, workers’ compensation law does not generally exclude people based on the specific type of injury, or ailment, or affected part of the body.
However, the circumstances surrounding the injury can cause your claim to be denied. If any of the following apply to your own claim, then you might find yourself fighting an uphill battle.
1. You were fighting with a coworker.
If your injury was caused by workplace violence, including violence that was done to you, then your claim might not be covered. Injuries resulting from horseplay are controversial, but are sometimes disputed. This might depend on the opinion on a judge, rather than something explicit in workers’ compensation law. If horseplay is a common and generally accepted activity at your workplace, then your claim is more likely to be accepted.
2. You were under the influence.
In most cases, you won’t get workers’ compensation coverage if drugs or alcohol can be blamed for your injury. However, this doesn’t mean an intoxicated employee is without a defense. If alcohol or drug use wasn’t the cause of the injury, then the employee may lose his or her job, but the workers’ compensation claim may still have legal merit.
This does not mean that drug use or drinking on the job is ever acceptable. But employers shouldn’t use an employee’s bad behavior to avoid fulfilling their own legal obligations.
3. You broke the rules.
You might get away with being clumsy or oblivious. However, your workers’ compensation case can be seriously discredited if you were deliberately violating company policy at the time of your injury.
This is just one of many reasons why you should always know your employer’s policies, especially those regarding safety. Like drug or alcohol abuse, safety violations look bad on a person who is bringing a claim, even if the behavior was unrelated to the cause of the injury.
4. Your injury isn’t work-related.
Worker’s compensation covers job-related duties, and these duties may occur off-site, depending on your job. Your commute is generally not covered, so an accident on the way to work may not be covered. But if you’re a delivery driver, then your injuries are technically work-related, and you may be eligible for workers’ compensation coverage.
If you’ve been injured you don’t understand workers’ compensation law, we can teach you what you need to know. Contact us by phone, email, or text message to discuss your case, and we’ll help you navigate this often tricky part of the law. Schedule a free consultation today!