Recovering workers’ compensation benefits is vital for someone who suffers severe harm and cannot earn an income. However, some injuries would not qualify a worker to recover benefits. Some circumstances make it easy for workers’ compensation insurance providers to deny coverage. Before you file a claim, it helps to know what your options are.
Please be advised, not all work injuries go through workers’ comp. You may have a personal injury case, and it helps to speak with a lawyer.
Which Injuries Are Not Covered?
These are some of the injuries that would not allow you to qualify to recover workers’ compensation benefits:
- Those suffered outside of the scope of their employment: If you’re away from the workplace and you suffer an injury on your lunch break, you may not be able to recover workers’ comp benefits.
- Those suffered because of an employee’s own actions: If a worker is impaired, joking around, or inflicts self-harm on the job, they may not seek benefits for their injuries.
- Those suffered during the commute to work: Unless driving is part of your job description, if you suffer an accident on the way to or from work, you can’t seek benefits through workers’ comp as you are not on the clock. However, you may be able to pursue a personal injury claim.
If you’re unsure of your rights, it helps to speak with a lawyer.
What Are My Other Options?
Workers’ compensation is not the end-all for injured individuals. It always helps to look at where negligence may lie and what other legal actions exist. You may be able to hold a negligent person accountable in some instances unless you cause your harm.
At Crane Flores, LLP, we work to explain your rights and options. We know you may have questions regarding if you can obtain compensation and benefits. Our workers’ compensation attorneys will be by your side every step of the way to help you make decisions that suit your needs.