What Does Worker’s Compensation NOT Cover?

Worker’s Compensation is a program mandated by the government to protect workers against injuries or illness taking place in work or due to work. Worker’s Comp offers cash benefits and/or health care benefits. However, a work injury can raise several questions. If you are hurt at work and are not sure if you are eligible for compensation, contacting a lawyer will most certainly help you.

Generally, Oklahoma’s worker comp works as a no-fault system, which means you’ll qualify for benefits even if you are fully or partially at fault for your injury. However, there are some notable exceptions that you should make note of.

Minor Injuries and Common One-time Illnesses (Flu, Headaches, etc.)

Minor injuries like cuts and scraps, that can be treated with first aid aren’t considered under worker’s comp. Sometimes, a seemingly minor injury can later cause more serious issues. If the medical investigation reveals such a history, you should immediately take your case to an attorney. If the symptoms manifest within 30 days from the date of injury you can go about the normal procedure, if it does not, the case will be harder to build but with the help of our skilled lawyers, definitely doable.

Injuries That Happen Due To The Worker Being Under The Influence

If the worker hurt at work is under the influence of alcohol or drug, they may be stripped of their compensation. In a few cases, if the accident was entirely unavoidable indifferent of whether or not the worker was intoxicated, they may still be eligible for benefits.

Accident/Injury During the Commute To and From Work

The employer is not deemed responsible for an injury that occurs on your way to or from work. In case you were traveling due to work, meaning you were technically on the clock, you will be able to avail compensation.

Self Employed and Independent Contractors

If you are self-employed you are not facilitated by the worker’s compensation system. You can get general liability insurance to safeguard yourself against any potential accidents.

If you are an independent contractor, once again the worker’s comp does not benefit you. However, do keep in mind that the term of your post can also be misleading. If you suffer a work-related injury and suspect that your nature of work should warrant your compensation, contact an attorney.

Recreational Activity and Horseplay at Work

Generally, you will not be eligible for worker’s comp if you are hurt at work during a recreational activity or horseplay at work. Recreational activity includes events like a Christmas party, happy hours, etc.

Similarly, if you partake in horseplay and end up injuring yourself, you will not qualify for compensation.

Nevertheless, we will ask you to look deeper into the nature of the activity to determine if the employer bears responsibility. A brainstorming session or a corporate event (no matter how lightly worded and ‘fun’) should still fall under work responsibilities and you deserve compensation if an accident takes place.

Injuries During Lunch Break

It is interesting to note that staying in your workplace premises (cafeteria, canteen, etc.) during lunch is considered to be beneficial to the employer and thus any accident occurring during this period will be covered under your company’s worker’s comp. If, however, you’re away from the office campus during your break and the company will not be liable to pay compensation.

Fights And Willfully injuring oneself or another

An injury sustained during a fight with a coworker is probably not going to be covered under worker’s comp. In some cases though, if the fight was due to a work-related issue, you can ask still ask for compensation.

Seek Help from Chiaf Law Offices’ Expert Lawyers

In the court of law, fact prevails over all but one should understand that in incidents such as a work accident, multiple elements factor in. Fact is often not as black and white as we believe. It might lead to your employer wrongfully refusing you your worker’s compensation. Our attorneys at Chiaf have over 60 years of practice and are very capable of helping you in a pinch like that. Visit our website to schedule a consultation today. This consultation is offered for free and is entirely confidential.

**This content is not legal advice and does not presume, establish or imply any relationship between client and attorney.