What is not covered by workers’ compensation if injured

| May 10, 2021 | Blog, Workers Compensation

Figuring out what is and is not covered by workers’ compensation in Manalapan, New Jersey can be tricky. Read below to learn more about what they may not cover under workers’ compensation in the event that a worker gets injured.

Is the worker a WFH employee?

Working from home certainly complicates matters. What compensation is a person entitled to if they do not get injured at a physical office? In most cases, someone injured at home can receive the same Workers’ Compensation benefits as someone in a physical location, because it is difficult for an employer to prove that the worker’s injury is unrelated to their job. However, this is definitely a scenario where a worker’s compensation claim may get called into question.

Was there horseplay involved?

Horseplay in a workers’ compensation case can be defined as a work injury that occurs outside normal business procedures. Take this as an example: there are two employees that get into an argument at a warehouse, and the two end up fighting. One of the employees is injured from the interaction. Here, the injured worker would not be eligible for workers’ compensation. There is one caveat to this, however. If two workers engage in horseplay and someone unrelated to the horseplay gets injured, that worker can get covered by workers’ compensation.

Has the worker been injured while intoxicated?

As a general rule of thumb, if a worker gets into an accident while intoxicated, they are disqualified from receiving workers’ compensation. However, if someone causes a worker who is intoxicated to get injured, that worker can file for workers’ compensation because they themselves were not the cause of the injury.

Did the injury occur on the business’s premises?

If an injury occurs on the business’s worksite during business hours, in almost all cases, that injured worker can receive workers’ compensation. If an injury occurs outside the business site, that worker will most likely not be able to receive workers’ compensation. The exception to this is if the injury occurs when a worker is already receiving an income to travel.

If you are injured, consult an attorney for your specific circumstances to find out if you are eligible for workers’ compensation.

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