Not all injuries that occur on-the-job are entitled to workers’ comp.
However, the types of injuries that are compensated under workers’ comp are those that are related to either an employment requirement or condition. An example would be an electrician getting a sprained ankle after falling from a telephone pole, an employee who is driving to meet up with a client and ends up being involved in a motor vehicle accident, etc.
Before getting into the checklist of What is Not Covered by Workers’ Comp Insurance, it’s important to remember that most injuries that are classified to be work-related do not only have to occur on the employer’s premises. It can happen at a company trade show or conference off-site, traveling for business reasons, or working at a place of business no matter the location.
Workers’ compensation covers most, but not all, on-the-job injuries. It does not cover the following:
- Injuries suffered while an employee is intoxicated or using illegal drugs.
- Injuries caused by a worker who starts a fight.
- Injuries suffered while a worker was committing a serious crime.
- Injuries suffered while an employee was not on the job.
- Injuries suffered when an employee’s conduct violates company policy.
- Willful attempt to injure oneself or another.
- Employees who suffer a heart attack.
- Injuries from repetitious mental trauma.
- Contracting ordinary disease of life.
- Injuries suffered during participation in off-duty recreational activity.
- An incident that arose out of an act of God.
- Employee’s horseplay that produces or causes an injury.
Remember that each individual state has its own set of workers’ compensation laws. While most rules are similar, they may differ in each state depending on specific issues. It is advisable to research different state laws to see if a specific injury or illness may be covered under workers’ compensation under those laws.