4 Types of Injuries Not Covered By Workers' Compensation

If you are injured during work hours, you may be entitled to workers’ compensation benefits to pay for your medical bills and compensate you for missing time from work recovering from the injury. Even if you caused the workplace accident, you are still eligible for these benefits.

Generally, all that matters is that your injury occurred while you on company grounds or performing work duties. However, there are certain situations where an injury isn’t covered by workers’ compensation.

The following are several types of injuries which may not be covered by workers’ comp:

  1. Suffering an injury commuting to work – Injuries suffered while community to your work is considered outside the scope of employment. Therefore, this type of injury is not covered by workers’ compensation. If you decide to leave your workplace during break or lunch and you suffer an injury, you will not be covered by workers’ compensation. However, you might still be covered if you are injured while taking a break in your company’s cafeteria or break area.
  2. Suffering an injury under the influence of alcohol or drugs – If you suffer an injury because you’ve been drinking or intoxicated by drugs, your workers’ compensation claim will most likely be denied. However, if there is evidence that the accident couldn’t be avoided or not your fault, you may still obtain benefits.
  3. Suffering an injury while fighting or joking around – Fights in the workplace are often not covered by workers’ comp, especially if the fight has to do something outside of work. However, if the fight broke out over a work-related issue, it is possible you may still be eligible for benefits. While horsing around falls outside the scope of employment, if your employer encouraged or know about this type of behavior but does nothing about it every time, you will still be eligible for benefits.
  4. Suffering an injury during a work-related event – From company picnics to team-building activities, injuries suffered at social events are not covered by workers’ compensation, especially if the event was voluntary and only for your own benefit. However, if you were required to attend, your employer benefited from your attendance, and the activity happened on company grounds during business hours, then you may be eligible for benefits.

Whether you are interested in filing for workers’ comp benefits or your claim was recently denied, our experienced legal team at Lurie, Ilchert, MacDonnell & Ryan LLP can review your case and determine your available legal options in order to obtain your benefits and maximize your compensation. Contact us and schedule a free consultation for more information today.