Given that the workers’ compensation system is not fault-based, most injuries qualify for these important benefits. However, as with most things, there are some exceptions to the rule and certain situations in which one’s injuries would not qualify for workers’ compensation benefits. The best way to be sure if you have a viable workers’ compensation claim is to speak with a workers’ compensation attorney to discuss the details of your claim.
Here are some circumstances in which your injuries would not qualify for workers’ compensation benefits:
- You were commuting to or from work: If traveling is part of your job and you sustain injuries on the road, your injuries would likely be covered by workers’ compensation. However, if you were driving your own car and commuting to or from work, and sustained injuries in an accident, they would not be covered by workers’ compensation since traveling to and from work are not considered within the scope of your employment.
- Recreational and social activities: For many places of work, team-building exercises are encouraged and, to nurture better employee relationships, an employer might host a mixer, holiday party, or other social event. If one sustained injuries during such an event it is not likely the injuries would be covered if attendance was not required. If the accident occurred during business hours, on the employer’s premises, and the employer benefited from employee attendance, it is likely it would be covered.
- Substance abuse and alcohol consumption: If a worker was under the influence of drugs or alcohol at the time of his or her injury, it is also unlikely he or she would be eligible for workers’ compensation benefits. For example, if you were climbing a ladder at work and fell because you were too drunk, you can expect your claim to be denied.
- Horseplay: Lastly, since horseplay is outside the scope of employment, any injuries you sustain as a result of this would generally not be covered by workers’ compensation. Additionally, injuries sustained due to fighting in the workplace are not usually covered, unless someone else threw the first punch and you were trying to protect yourself.
Schedule a Consultation with an Experienced Workers’ Compensation Attorney!
Being injured at work is a difficult experience to endure, especially if the injuries impact your ability to return to work. Fortunately, workers’ compensation benefits allow workers to stay afloat during their period of recovery. At the Law Offices of William F. Underwood, III, P.C., we are committed to assisting injured workers throughout the claims process to help ensure they obtain the benefits they are rightfully entitled to. You should not have to quietly bear this burden or handle your claim on your own. Let us be your voice and fight on your behalf.
Contact our law office today at (229) 999-4476 to speak with our experienced and knowledgeable workers’ compensation attorney today and learn more about how we can assist you!
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