As a rule of thumb, any injury sustained during an activity that benefits your employer renders you eligible for worker’s compensation insurance. However, if an injury can easily be healed with the contents of a first aid box, it means it is not severe enough to file a compensation claim; a minor bruise, cut, and a onetime headache do not qualify. However, circumstances of an accident can be unusual, so you never know where you stand. If you are confused regarding a workplace injury, you must consult a personal injury attorney to determine your fate. Worker’s compensation laws may differ from state to state, and there are exceptions to every situation. Personal Injury Attorney in Woodland Hills mentions the types of injuries that are normally not covered by worker’s compensation insurance:
Accidents during Commute to and from Work
If you get into a traffic accident while travelling to work or getting home from work, your injuries will not be reimbursed by the company’s worker’s compensation insurance. However, if you were using a company car and your job location I not fixed, you can claim for compensation. You can also qualify for insurance if you were running an errand for your boss on the way to work.
Injuries caused by Horseplay or a Fight at Work
Fooling around or quarrelling with a colleague at the workplace does not fall under the scope of employment; therefore, you cannot demand compensation for getting hurt due to your personal antics, competitions, or rivalries. On the contrary, you might qualify for reimbursement if you were an innocent bystander or your employer did not discourage the illicit behavior.
Injuries resulting from Intoxication
If you show up at work drunk or are under the influence of a drug, the employer is not responsible for whatever trouble you get into. Intoxication boggles the mind and deteriorates coordination between the mind and body, so you become more susceptible to accidents. However, intoxication defenses are difficult for an employer to prove, unless you are forced to undergo a blood test on the spot.
Accidents occurred during Recreational Activities
Many employers arrange for recreational activities for the mental and physical wellbeing of the staff. These activities are optional, and may or not be executed on the work site. Injuries incurred during recreational activities are only compensable if they were carried out during working hours and your boss obligated you to participate. Moreover, you may also deserve reimbursement if the recreation included work related events, such as a presentation or discussion that is in the interests of the company.
Injuries incurred during Lunch Break
If you leave the work premises during lunch break to eat out or take care of some other personal business, you shall consider yourself outside the boundaries of employment. Your boss cannot be held liable for an accident that occurs while you are utilizing free time for something that doesn’t concern them. Compensation claims could be valid if you were hurt inside the office break room or cafeteria. As you were near and accessible to the employer during time off, it denotes mutual benefit.
If you are away from work for the sake of executing personal missions, it does not concern the employer. However, your injuries are covered by worker’s compensation if they happened while you were working from home, travelling between two work sites, involved in offsite education/training integral to the job, or engaged in a business trip.