What Is Not Covered By Workers’ Compensation

Most states are required to carry workers’ compensation insurance and it can be complicated and difficult to understand.  Although your company may carry workers’ compensation insurance, not everything is covered.

Your Injuries

In order to submit a workers’ compensation claim, your injuries have to be substantial.  For instance, an injury that just requires a little first aid will not be covered.   Covered claims require that your injuries are quite substantial and require some sort of extensive treatment.

Nature of your Accident

How you obtained your injuries at work is a factor when considering making a claim.  For instance, if you injured yourself while fighting, you will not be covered for workers’ comp benefits.  If you are under the influence of drugs and/or alcohol, your injury will not be covered.  If you are not following company protocol or regulations when you get injured, your will not be covered.

Duties Performed Outside of Your Scope of Work

To receive workers compensation benefits, you must have been injured while performing tasks that are within your “job description”.  Meaning, if you are injured while performing a duty that is outside of the scope of work that is listed on your job description, workers compensation will not provide you any benefits.

Damages and Third Parties

There are instances in which a third party may be injured if you are involved in an accident while driving.  Although you may be performing a duty for your company when an accident occurs, you may be compensated but a third party will not.  It is highly likely that this third party will file suit against you for damages and/or injuries that they incur.  In this case, it is recommended that you retain the services of a personal injury attorney to assist you with this claim.

If you have a legitimate claim for an illness or injury that occurred at work and your employer has workers’ compensation insurance available to its employees, be prepared. The process can be a very long, intense and complicated ordeal.  To alleviate the some of the stress that will create, it is wise to retain skilled work injury lawyers Milwaukee, WI, depends on to assist you. The entire process will be much easier for you as this type of lawyer can provide you with the tools you will need if the case is taken to court.  Your attorney will ask you questions related to the injury or illness so don’t wait too long as you need to remember as many details as possible in order for the lawyer to provide the best outcome for you.


Thanks to our friends and contributors from Hickey & Turim SC for their insight into workers’ compensation.