In past posts, we’ve discussed how employer liability isn’t a factor in a workers’ compensation case. That means that you don’t have to prove that your employer â?? or anyone else â?? was negligent or liable for your injury to receive compensation from workers’ comp. The only major requirement is that you were injured on the job and in the course of your work. However, there are some limitations to that definition.
Workers’ compensation in most states will not cover an injury sustained by an employee who was on the job but was under the influence of drugs or alcohol. In many cases, a drug or alcohol screening is conducted following a report of on-the-job injury.
If it can be shown that an employee inflicted self-harm while on the job, then he or she would be denied workers’ compensation benefits for that injury. This keeps employees from purposefully injuring themselves in order to draw benefits while not working.
Another reason workers’ compensation would deny coverage to an injured employee is if the employee was engaging in illegal activity on the job while the injury occurred â?? and this is especially true if the illegal activity in part led to the injury.
Finally, workers’ compensation does not cover injuries that occur outside of the scope of employment, even if the employee is at a job site at the time an injury occurred. For example, if a coffee barista is at the coffee shop where she works but she is there as a customer enjoying a hot beverage, an injury from a slip and fall would not be covered. If a construction worker was on the job and clocked in, and he chose to do a backflip off of a short ladder, workers’ compensation would likely not cover any resulting injuries.
If you were at work and experienced an injury in the course of your job duties, you most likely are covered. If your workers’ comp provider is trying to use any of the above scenarios to deny your claim, then consider seeking legal assistance to fight for the compensation you deserve.
Source: FindLaw, “Workers’ Comp Benefits Explained,” accessed April 15, 2016