• Nov
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Does Every Workplace Injury Lead to Compensation?

    Workers’ compensation is a no-fault insurance policy that provides workers who have been injured on the job with coverage for their medical expenses and lost wages following an on-the-job injury in exchange for the employee not filing a personal injury lawsuit against them. The way that workers’ compensation is set up means that it does not matter whether the injury is the result of negligence on the part of the employer or the workers’ own clumsiness or mistake, but that doesn’t mean that every injury leads to compensation. There are specific situations that are exempted from coverage, and it is important that you understand what those are so that you can understand your own responsibilities and rights.

    The following are examples of injuries and circumstances that are not included in workers’ compensation coverage:

    • Commuting Injuries – Though injuries incurred while running work errands are covered, getting into an accident while commuting to and from your fixed worksite is not considered a duty that is part of your employment. If, however, your workplace shifts on a regular basis, if you were driving a company car or you were performing some kind of work-related task while on the way to or from work, it is likely that the injury will be covered.
    • While Participating In Recreational Activities – If your organization hosts you at a company holiday party or picnic, a happy hour or even if you participate in a company sports team outside of work hours, injuries that you incur while participating are not likely to be covered by workers compensation. The exception to this rule is situations where you are required to attend the event, the employer benefited from you being there/work was conducted, or if the activity was during business hours and on the company’s premises.
    • Being Injured While Intoxicated – Though workers’ compensation is a no-fault insurance policy, that does not mean that it excuses wrongdoing on your part. If you were intoxicated and that led to or caused your injury your employer will likely be able to avoid providing you with coverage unless the incident was not related to your intoxication.
    • Being Injured While Fighting or Fooling Around – In most cases, injuries that are related to joking around or horseplay are not covered, and neither are fights with co-workers or others on the worksite unless you were attacked or an innocent bystander.

    Understanding what is and is not covered by workers’ compensation can be confusing. For more information and to better understand your rights, contact our office today to set up an appointment to meet.

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