As you know, workers' compensation helps employees in California and elsewhere who were injured on the job. You might wonder if there are some incidents that workers' compensation won't cover. At the Law Offices of Hussain & Gutierrez, we are prepared to answer your questions if this is a concern for you.
According to FindLaw, workers' compensation is not applicable in some cases. The following examples can clarify the situations in which you would not be covered:
- You were in a motor vehicle accident with the company truck on a business-related errand, and law enforcement detected alcohol in your bloodstream.
- You knowingly bypassed safety procedures with machinery to save time, and you were injured.
- You were in an accident on your way to work, but you were not yet on the clock or on company property.
- You thought you could take time off work and get benefits by deliberately injuring yourself at work.
- You are not an official employee of the company, but an independent contractor.
As you can see, the workers' compensation process may be more complicated than you might have assumed. You would usually be eligible for compensation even if your injury was your fault, but you could be ineligible if you violated company policies or were breaking the law when the accident occurred. You might have worked long-term for a company but you are categorized as a consultant, a casual worker or a volunteer, which would exclude you from workers' compensation. Our page on workers' compensation benefits explains more about your rights after a work-related injury.