Being injured at work is not a situation you hoped to be in, but in most situations, your injury will be covered by your employer’s workers compensation insurance. Almost any injury that occurred at work or because of your work duties will qualify you for benefits under workers compensation.
There are always exceptions, however, so it’s a good idea to read up on what types of injuries and situations will not qualify you to collect benefits under workers comp. For instance, if you are injured while either engaging in horseplay or fighting at work, you likely won’t be covered.
What Types of Injuries or Circumstances Are Not Covered by Work Comp?
There are other situations where your injury won’t qualify you to collect benefits. Let’s examine a few of those.
If you are injured while commuting to or from your place of employment and are not technically “on the clock” yet, you might not be eligible for benefits. Some employees, such as those who drive for work, might still qualify for benefits, however. It’s best to check with your employer or with an attorney.
When your injury took place during a lunch break in which you were not on the clock, you might not be eligible for benefits. In some cases, such as when you’ve been injured during a “working lunch,” you might qualify for benefits.
Injuries that occur during breaks where you left the premises and were not on the clock will likely not qualify you to receive benefits.
If you are injured while engaging in illegal activity—whether you are on the clock or not—you will likely not be able to collect workers comp benefits in North Carolina. For instance, this would be the case if you were driving for work but were simultaneously under the influence and then injured in a vehicle crash.
Workers compensation laws will not cover certain instances in which an employee was hurt during a team-building activity. You should check with an attorney to see if the activity would be covered.
Need Help from a North Carolina Workers Comp Lawyer?
Workers compensation can be complicated, and some cases are less clear-cut than others. You might strongly believe that your injury should be covered by work comp laws, but the insurance company might believe otherwise. They could even deny your claim, so it’s advisable to have an attorney’s help with your claim.
Partnering with an attorney, such as Ricci Law Firm, P.A. workers comp lawyers, can be a big help when submitting your work comp case. They can assist you in investigating your workplace accident, gather proof for the insurance company, and deal with the insurance company on your behalf. If your claim is denied, your attorney can also assist you with an appeal.