Who Is and Isn’t Covered After a Workplace Accident?

by | Feb 6, 2017 | Attorneys

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Worker’s compensation is a kind of insurance bought by employers to protect workers from the effects of a workplace accident. This coverage provides medical care and cash benefits to workers injured on the job as well as those who’ve fallen ill due to an occupation-related sickness. While some areas have no insurance purchase requirement, most places require companies of all sizes to carry worker’s compensation coverage.

Who Isn’t Covered by Worker’s Comp?

Certain classes of workers are not covered by worker’s compensation plans, as listed in the following section.

  • Volunteers
  • People working for non-profit organizations
  • Clergy members
  • Teachers in non-profit and religious organizations
  • Farmers’ spouses and children
  • People doing yard work around owner-occupied single-family residences
  • Real estate agents
  • Certain insurance brokers and agents

If a person is regularly employed and does not fit any of the above descriptions, they should be covered by worker’s comp. However, even if a person is partly to blame for an accident, they should not forget about filing a claim. Worker’s comp is no-fault coverage, as shown in the section below.

Worker’s Comp Plans Offer No-Fault Coverage

Thankfully for injured employees, worker’s compensation is not a fault-based system. This simply means workers are entitled to medical and cash benefits regardless of their role in the accident or illness. Worker’s compensation claims are not reduced according to the employer’s share of fault, nor are they increased. However, limited exceptions do exist. An employee’s worker’s compensation claim can be denied if any of the following situations apply.

  • The injury was proven not to be work-related
  • The employee was doing his or her job under the influence of drugs or alcohol
  • The worker intentionally tried to hurt himself or herself
  • The employee purposely tried to injure a customer, vendor, or coworker

Unless a person is intoxicated at the time of an accident or they’ve intentionally tried to harm themselves or another person, they should be covered by a company’s worker’s compensation plan. When a company unjustly denies a claim or a victim has questions or concerns, they can go to website to schedule a no-obligation initial consultation with a workplace accident attorney. You can also connect them on Facebook.

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