Legal

When Are You Not Covered By Workers’ Compensation?

Workers’ compensation benefits are a lifesaver. No matter if you or your employer was at fault, if your injuries arose out of your job, you are eligible for compensation. This can cover your medical bills, lost wages, and retraining until you can return to work. However, there are certain situations when you won’t receive compensation. 

If you were denied workers’ compensation, you might be thinking, “Where can I find a Virginia Beach workers’ compensation lawyer near me?” However, there are several reasons for a denied compensation. It may be because you belong to a group that is not covered under workers’ compensation, or it may be because your injury falls outside the course and scope of employment. 

Who is not eligible for workers’ compensation?

Certain people are excluded from enjoying workers’ compensation benefits. They are as follows. 

  • Volunteers

If you are a volunteer in an organization, you may or may not receive compensation. Not all organizations offer compensation to their volunteers, while on the other hand, some do. You can speak with the company representative to determine whether they provide such benefits. 

  • Business owners

Business owners, business partners, and sole proprietors are not considered “workers” as they are not employees. Therefore, their requests for workers’ compensation may get denied. 

  • Independent contractors

Again, independent contractors are not considered employees of the company when they are affiliated with a certain business. Therefore, they must face the consequences of the damages on their own. 

Situations when you cannot receive compensation

  • Intoxication or substance abuse

If you got injured at your workplace while under the influence of alcohol or other drugs, you might not receive compensation. If you could avoid the situation by not drinking, you would be excluded from the benefits. However, if the injury was unavoidable, you may still be eligible for compensation. For example, if another worker accidentally strikes you with a lift truck while working on a factory line.

  • Driving to and from work

If you get into an accident while commuting to work or going home after work, the situation is not included in the scope of employment and won’t be compensated. However, situations may change if you drive a company car, if you are running a company errand or if your job sites keep changing. 

  • Workplace fighting

If you get into a physical fight with your coworker and acquire injuries, you may not be compensated. However, if your argument was work-related, you may be eligible. For example, you won’t be compensated if you fight over your favorite political party. But, if the other party hit you because you complained about their poor performance, you may receive the benefits.

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