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When does workers’ compensation not apply?

On Behalf of | Dec 16, 2020 | Workers' Compensation

Essentially, workers compensation is a no-fault system. This means that if you, as a worker, sustain injury on the job, the company should pay you workers’ compensation automatically. This system is in place to ensure that injured workers do not end up in litigation with companies for years.

However, there are some situations where workers’ compensation does not apply. According to Contractors Insurance, these potential situations include sustaining an injury outside of work, sustaining an injury while under the influence of intoxicating substances, or otherwise breaking the law at the time of sustaining an injury.

Why does workers’ compensation not apply in these situations?

Whether or not workers compensation benefits apply to your situation or not depends on what you were doing at the time of the injury. For instance, you will need to prove that you did indeed sustain an injury while you were at work. Some companies have cameras at the job site to prove or disprove worker claims of injury. Remember the ‘coming and going’ rule also means that if you sustain injury during your commute two or from work, you are likely ineligible for workers’ compensation.

Being under the influence of any sort will result in the courts denying your workers’ compensation benefits. “Under the influence” refers to any sort of intoxicant, whether it is alcohol, marijuana or any other substance.

Why does breaking the law matter?

Generally speaking, your employer will document exactly what was happening just prior to, during and after you sustain an injury. If you conducted illegal activity at the time of your injury, the courts will likely deny your workers’ compensation.