When You Can Be Disqualified for Workers' Compensation
As an employee, you are entitled to workers' compensation benefits if you are injured while on the job. These benefits compensate you for medical costs, loss of income, and temporary or permanent disability. It is essential to ask your workers' compensation lawyer whether your claim for these benefits is valid or not. Here are some reasons you may not qualify for workers' compensation.
1. Failing to Report the Injury Immediately
One of the first things you should do after you are involved in an accident at work is to report the incident. Workers' compensation insurers assume that it was not serious if you failed to report the accident or were not hurt. In many states, you are required to report work-related accidents within a week.
Therefore, if you are involved in an accident, call your workers' compensation attorney. They will help you report the incident and make the appropriate claims. You should also request an accident report and fill it out. This will help your chances of recovering benefits from your injuries.
2. Intentional Actions and Impairment
Workers' compensation does not cover intentional actions. For example, if the claim involves a coworker assaulting another coworker, this would not be covered by workers' compensation. Additionally, if your injuries are intentionally self-inflicted in order to file a claim, you will not receive any compensation.
You may also not recover any benefits if you were intoxicated during the accident. Your employer will ask you to be tested for drugs or alcohol after a work accident. While you may opt not to be tested, failing to do so leads to the presumption that you are under the influence, and this is the cause for your accident. A positive drug or alcohol test also leads to the same presumption.
3. Non-Work-Related Injuries
One of the arguments an employer can raise during a workers' compensation claim is you were not injured at the workplace. They may also claim your medical condition is not due to working conditions. In such cases, the burden of proof lies with your workers' compensation attorney.
You may need to provide evidence and call witnesses to support your claim. It will also help if you present medical evidence attributing your injury or illness to work conditions. If your insurance company disputes the claims of your medical practitioner, you may have to go for an independent medical examination to get another expert's opinion.
Contact a local workers' compensation lawyer for more information specifically regarding your case.