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Denial of workers compensation for certain workplace injuries

On Behalf of | Jul 28, 2020 | Workers' Compensation |

There are many different things that people may plan for when they go to work. First off they generally plan on getting certain tasks done throughout the day, they may have meetings planned or plan on going to lunch with a co-worker. However, one thing that people generally do not plan for is a workplace accident. There are many different reasons that accidents occur though and people suffer significant injuries as a result.

These injuries can result in the need for significant medical treatment and could force people to miss time at work. Injured workers may be entitled to workers’ compensation benefits for a workplace injury though. These benefits can pay for the medical bills and also pay for a portion of the income the worker is losing while they are unable to work. Also, most workplace injuries are covered by workers’ compensation benefits, but there are exceptions to that rule.

The exceptions occur mainly based on how the injury occurred. Workers’ Compensation benefits could be denied in the following situations:

  • If the injury was caused because the worker was under the influence of alcohol or illegal drugs;
  • If the workers intentionally injured or killed themselves;
  • Injuries were incurred during a fight with another co-worker and the injured worker started the fight;
  • Injuries that occurred while the worker was committing a felony level crime;
  • The injury occurred during a recreational activity that was not work-related;
  • The worker filed for workers’ compensation benefits after being terminated. However, if the worker notified the employer of the injury before being terminated and there is medical proof to demonstrate that the injury occurred prior to being laid off, workers may still be able to receive workers’ compensation benefits.

As one can see the exceptions are fairly specific situations that do not arise in most workplace injuries. This means that most workplace injuries can be covered by workers’ compensation. However, that does not mean there will not be disputes about the severity of the injury or the costs associated with it. Receiving the fair amount of workers’ compensation benefits can be difficult at times and consulting with an experienced attorney could be helpful.