Posted on: 12 December 2014
If you were injured while at your job and are unable to work, you may be considering a potential workers' compensation claim. Before you do so, it is important to understand the kind of injuries are not covered under workers' compensation. While each state has different laws for workers' compensation, these examples will help guide you in the right direction about whether the injury will be covered or not.
Injuries From A Crime
It is unfortunate, but injuries related to a crime that happens while you are at work are not eligible for workers' compensation. This includes injuries caused to you by a criminal during a robbery, or if you are hurt trying to apprehend the criminal. Your health is not worth it to recover stolen merchandise, and you are better off not getting involved physically during a robbery.
Injuries Caused From Violating Company Policies
In this situation, company policies could be posted on a wall, or known by employees because they are in an employee handbook. For example, if it is policy to have two people lift a heavy object over 50 lbs., and you are injured for trying to lift it on your own, then your employer is not responsible for the injury. In this situation, you would be responsible for the injury because you did not have assistance lifting the heavy object.
Injuries Sustained While Violating OSHA Regulations
Even if there was not an official policy at your employer that could have saved you from injury, there are many state and federal regulations in place designed to protect you. In the construction industry, there are extensive guidelines already in place regarding workplace safety that has been created by the Occupational Safety & Health Administration. It is impossible to have all of them printed and on display at a construction site, which is why you should be familiar with them.
Injuries Caused By Drug Use or Intoxication
While it may seem obvious, any injury that happens while drunk or under the influence of drugs can result in a workers' compensation claim being denied. If your employer suspects that this could be the cause of the accident, they may request you to take a drug test. If you were not under the influence of any substance at the time, it can help prove your case.
Injuries Stemming From A Pre-existing Condition
If a pre-existing condition is what causes your injury, it can be difficult to receive workers' compensation benefits. This is especially true if a pre-existing condition becomes worse from doing your job, such as re-injuring a knee because you already have difficulty walking on it. While a pre-existing injury does not automatically rule out receiving workers' compensation, it can be a difficult battle to fight. You will need to prove that the injury would have happened if the pre-existing condition did not exist.
Even if your injury falls into one of these 5 categories, you will need an experienced lawyer (such as those found through http://www.nccompspecialist.com/) on your side to help win the benefits that you deserve.Share