Six Disqualifiers for Burbank Workers’ Compensation
You have the right to claim benefits from your employer and their insurance provider when you sustain work-related injuries.
However, do you know that some factors can disqualify you from claiming workers’ compensation?
You may end up paying a big chunk of the expenses due to your injury, and you may not receive coverage for lost wages too.
That’s why you must know these six disqualifiers so you can avoid them in the workplace. You would need to consult a Burbank workers’ compensation lawyer if your workplace injury was a consequence of one of these disqualifiers.
What Can Disqualify You from Claiming for Workers’ Compensation
You can lose a chance of claiming workers’ comp if your workplace injury was a consequence of one of these factors:
1. Drug or Alcohol Intoxication
You’re not eligible for a workers’ comp claim if you were under intoxication at the time of the accident.
So suppose you had tripped and sustained a fracture. And the company physician noticed that you were drunk. In this case, your employer and their insurance carrier can argue that you had tripped because of intoxication.
2. Self-Inflicted Injury
You can’t claim for workers’ comp when your injury resulted from self-inflicted harm, even if you were working during the incident.
You could be ineligible for compensation if you were involved in a high-risk activity in the workplace too. An example is when you sustain injuries because of engaging in something risky without safety equipment.
3. Violence Against Another Person
Injuries from a physical altercation with another person in the workplace can disqualify your workers’ compensation claim. That’s especially when you had started the fight by provoking a person.
Aside from losing your chance of claiming workers’ comp, starting a fight can lead you to job termination and penalties too.
4. Criminal Offense
Aside from starting a physical altercation, you can’t claim workers’ compensations when you sustain injuries while committing a serious crime too. An example is your stealing a company car and getting involved in a car crash.
5. Injury Sustained on Voluntary Recreational Activities
You can only claim workers’ comp for work-related injuries. That means you can’t claim benefits when you sustain injuries while performing voluntary recreational activities. Examples are parties or any gatherings hosted by your employer or a co-employee.
However, you can ask for compensation if the recreational activity is compulsory. For example, you got injured at a team-building event your boss asked you to attend. You can also claim compensation if you were intoxicated because of alcoholic drinks available in the event.
6. Termination without Earlier Injury Report
You can’t file a workers’ comp claim if you hadn’t reported your injury before getting terminated from the job.
For example, imagine you had sustained an elbow injury while lifting a heavy object at the workplace. And you didn’t report the accident. Now, you can’t claim compensation if your employer coincidentally fires you.
That’s why it’s essential to report any accident or injury to your employer immediately.
Possibility of Challenging these Disqualifiers in a Workers’ Comp Claim
It’s worrying when you think one of these disqualifying factors is the cause of your workplace injury. However, the good news is that you can challenge some of these disqualifiers with the help of a professional attorney.
For example, you can claim for a drunken injury if your employer has offered you liquor.
Another example is when you develop psychological problems after your job termination. If your attorney could prove that the psychological disability resulted from your previous work, you can still file a claim.
Secure Your Benefits by Hiring the Best Workers’ Compensation Attorney in Burbank
These disqualifiers can rob workers’ compensation away from you. That’s why you must be careful in the workplace due to these injuries without compensation. It’s better to call a Burbank workers’ compensation lawyer when your claim is at risk of disqualification too.