When starting a new job, you will probably hear about workers’ compensation. Federal employees automatically receive workers’ compensation and, depending on your state’s laws, you may get workers’ compensation if you are hired by a private company. The Grossman Law Firm recommends researching your state’s workers’ comp laws if you have been injured at work.
Workers’ compensation is for when people get hurt or injured on the job. Workers’ compensation helps employees when they are not able to work because of their injuries. Some help from workers’ compensation can include medical expenses, loss of wages, the ongoing cost of treatment, and funeral expenses if the employee dies.
It is essential to know whether your job provides workers’ compensation, especially in jobs with a high risk of injury, like construction. But, what is not covered by workers’ comp?
What Injuries Are Not Covered by Workers’ Compensation?
Of course, we cannot discuss what workers’ compensation does not cover injuries without talking about what is covered by workers’ compensation. Again, you will need to check your state’s workers’ compensation rules to get a complete list. But there are some common injuries workers’ compensation covers.
- Back, Neck, and Shoulder Injuries
- Strains and Sprains
- Lacerations and Contusion
- Hearing and Vision Loss
- Psychological Disorders
Now that we have that covered, we can discuss what is not covered by workers’ compensation.
Driving to and from work
If an employee is injured on the way to work or coming home from work, their injuries will not be covered by workers’ compensation. The reason is that the injuries were not sustained on company property and the worker was not on the clock at the time of the injuries occurring. Therefore, the company does not have to pay for expenses that they did not cause.
If an employee’s injuries are sustained while under the influence of drugs or alcohol, they will not receive workers’ compensation. For example, if a construction worker operates machinery while drunk and gets injured, the construction company is not liable. Under California law, if you willfully intoxicate yourself then the company does not have to pay you workers’ compensation and this includes drugs or alcohol. Although the company must prove that the cause of the accident was due to the person being under the influence and the drug must not be prescribed medication.
If you are injured due to you and your coworkers playing around on the job, you will not be covered by workers’ compensation. Although, if you are a victim of the horseplay and were not directly involved, you may be eligible for workers’ comp.
Workers’ compensation will not cover you if you violate any of the company’s policies and get injured as a result. It is essential to go over your company’s rules and policies when you start a new job.
Intentional and Illegal Acts
If you intentionally hurt yourself while working, the company is not liable, and you will not receive workers’ compensation. The same rule goes for illegal acts. If you are doing illicit activities while at work, then you will not be covered.
This one may be obvious, but you cannot receive workers’ compensation if you no longer work at the company. The only reason you would receive compensation is if the injury occurred before being terminated.
Not all injuries sustained at work will get you compensation. It is best to contact a professional lawyer if you have a case to go over your circumstances.