Non-Qualifying Injuries for Workers’ Comp
September 12, 2024
4 Types Of Non-Qualifying Injuries
The workers compensation system is a valuable resource for any worker who has suffered an unexpected injury, as our Buffalo, NY workers’ compensation lawyer knows. However, not all injuries qualify for this protection. This understanding is crucial for employers, employees, and legal practitioners alike.
- Injuries Sustained Outside The Scope Of Employment
Workers’ compensation is fundamentally designed to cover injuries that occur ‘in the course and scope’ of employment. Injuries that happen while an employee is not performing job-related activities generally do not qualify. For instance, if an employee is injured while commuting to work, during a lunch break outside the employer’s premises, or while engaged in a personal errand unrelated to their job duties, these injuries are usually not covered. Injuries that are sustained while a worker is on their commute are considered exempt, as a Buffalo workers compensation lawyer can explain.
- Self-Inflicted Injuries Or Injuries From Misconduct
The system is not intended to cover injuries that are the result of an employee’s intentional self-harm or those stemming from their participation in illegal activities or serious misconduct. If a worker suffers an injury that is caused by consuming too much alcohol, using drugs or starting a physical fight, those injuries are usually disqualified. The rationale is that workers’ compensation is premised on the notion of no-fault coverage for accidental injuries; it’s not a blanket insurance for all harm irrespective of cause.
- Stress Or Mental Health Issues Not Related To The Job
While some jurisdictions recognize psychological injuries or stress-related illnesses as compensable, the bar is typically high for proving these claims. For stress, anxiety, or other mental health issues to be compensable, there must be a direct and substantial link to the employment conditions, and it must be more than the ordinary stress that is common in most employment. For example, injuries from major personal life events such as financial issues and divorce are also not typically covered by workers compensation.
- Injuries Suffered During Voluntary, Off-Duty Activities
Many employers sponsor recreational activities like sports teams, parties, or outings. Injuries sustained during these events may not be covered if participation is voluntary and if the activity is not within the employee’s job duties. Because the activity is voluntary, there is a clear line separating it from an employee’s own discretion and responsibilities. However, if the employer mandates participation, or if the activity is within the scope of the employee’s job duties, the injuries might then be compensable.
Contact Our Buffalo Workers’ Compensation Lawyer Today
While workers’ compensation is a cornerstone of labor law, providing essential protection to employees injured on the job, it’s not an all-encompassing safety net. Understanding the types of injuries that are typically excluded from coverage is crucial for all stakeholders. It ensures that employees have a realistic understanding of their protection scope, aids employers in implementing appropriate workplace policies, and assists legal practitioners in offering accurate counsel. It’s about delineating the boundaries of the safety net to ensure its sustainability and integrity, maintaining a balance between protecting workers and ensuring that the system is not unduly burdened by claims falling outside its intended scope. Find out how you can receive legal assistance by speaking with a Buffalo workers compensation lawyer like one from Hurwitz, Whitcher & Molloy.
