Workers’ compensation covers injuries suffered within the scope and
course of employment. In other words, workplace injuries are covered if
an injured employee was performing a task for the benefit of their employee.
Even if you cause your own injuries, you are still eligible to obtain
workers’ comp benefits. However, there are some types of injuries
which are not covered.
The following are four types of injuries that aren’t covered by workers’
When an employee commutes to and from work – If you are injured during your morning commute to your fixed worksite
or during your evening commute home from work, you are not eligible for
workers’ compensation benefits. By contrast, if you don’t
have a fixed worksite, you drive a company vehicle, or you’re performing
tasks for the benefit of your employer during your commute when an accident
occurs, your injury might be covered.
When an employee takes a break or lunch outside of the workplace – If you leave your job site for break or lunch and sustain an injury
during this time period, the injury is not covered by workers’ compensation
protection—even if you were on the clock. However, if you left the
workplace to pick up food for a meeting when the injury occurs, you are
eligible for workers’ comp benefits. Injuries suffered while in
the breakroom or cafeteria are covered as well.
When an employee fights or jokes around – Since horseplay and jokes are not part of the scope of employment,
injuries caused by messing around at work are not covered by workers’
compensation. But if an employer permits such ongoing behavior, you may
still be eligible for benefits. Most injuries derived from fights and
violence in the workplace are not covered, unless the altercation involved
a specific work issue.
When an employee is impaired on the job – If being under the influence of alcohol or drugs contributed to
a workplace injury, the injury will not be covered by workers’ compensation.
On the other hand, if there is evidence that there was no way to avoid
the accident and someone else caused the injury, it is possible to still
be eligible for benefits.
When you attend an off-site work event – From team building outings to holiday parties, social events outside
the workplace are not often eligible for workers’ comp benefits.
However, if you were required to attend or your employer benefited from
your attendance, any injury you suffer will be covered.
If you have suffered an injury on the job in Glendale, CA,
contact our experienced workers’ compensation attorneys at the
Law Offices of Wax & Wax and schedule a free consultation today.