Workers' compensation is designed to guarantee that businesses offer medical treatment and other benefits to employees who are injured on the job. Because California's workers' compensation system is a no-fault system, it is not essential to show that the employer was at fault in order to get payments. Instead, employees must show that their injuries occurred during the course of their employment and that they require medical care as a result of their injuries.
There are, however, a few exceptions. Keep reading to learn about four types of accidents that might not be covered under workers’ compensation. If you have been injured in any of these types of accidents, contact The Law Offices of Larry H. Parker at 800-333-0000 to learn about your personal injury options.
Injuries sustained while under the influence
If an employee is injured while on the job while under the influence of drugs or alcohol, they are not eligible for benefits. To show disability at the time of the injury, medical data such as blood tests and doctor's observations, as well as testimonies from coworkers and other witnesses, will be used.
Willful misbehavior injuries
If an employee fails to obey their employer's safety standards, or is purposely roughhousing or otherwise misbehaving on the job, and suffers an injury, they may be refused compensation. As evidence, security camera footage and witness testimony would be required.
They were outside of work and not performing work duties
Employees do not have to be on business property to get compensation for injuries sustained outside of work, but they must be operating in the course of their employment. Workers' compensation will not be granted if the employer can establish that the employee was operating outside the limits of their job at the time of the injury.
If an employee causes an injury at work on purpose, they will not be eligible for benefits. The employer must be able to show that the harm was not caused by chance. This is something that your personal injury can help you with.
Do you require assistance with your workers' compensation claim?
Whether you've been accused of misconduct that might reduce or eliminate your employer's responsibility to give workers' compensation benefits, or you just need assistance with a claim of any type, The Law Offices of Larry H. Parker can help. As a workers' compensation attorney with many years of expertise, we can assist you in gathering and presenting all of the essential evidence to support your claim. For a free consultation, call 800-333-0000.