Some Examples of When You Can and Can’t File for Workers’ Compensation

Workers’ compensation is something that most workers in the United States are entitled to, though there are some exceptions. Domestic workers, seasonal employees, agricultural workers and independent contractors typically do not make the cut and do not receive workers’ comp. If you do fall in a category in which you should receive compensation after a workplace injury, it could help to understand what situations allow for it. The following are some examples of when you can and cannot file for workers’ compensation.

Lunch Break Injuries

Depending on the circumstances, you may or may not be able to file for workers’ comp benefits after being injured on your lunch break. For example:

• If you were walking down the street to pick up a hoagie sandwich for your personal lunch, and were hit by a car, you would probably not be entitled to workers’ compensation.
• If you were driving to the local grocery store to pick up items to stock the snack cupboard at work as an errand for your boss, and grabbed lunch while you were out, you could be entitled to workers’ compensation if you are injured in the process.

Injuries While Intoxicated

If you show up work intoxicated, it’s probably not going to go well for you. In addition to the chance you might lose your job, you might also get injured. These situations don’t typically qualify for workers’ compensation, though there are some that do. For example:

• If you show up to work drunk, and your coworker punches you because you failed to do something you said you would, you might be entitled to workers’ compensation because the injury wasn’t a direct result of your drunkenness.
• If you show up to work drunk and cut yourself with a saw because of being intoxicated, you might not be entitled to workers’ compensation.

Horseplay Injuries

Horseplay is often not tolerated in the workplace, which typically makes it a reason you can’t receive compensation. There are some cases in which you might. For example:

• If you weren’t the one participating in horseplay, but you were injured by it, you could receive compensation.
• If you instigated the horseplay, and your employer warned you to stop, you may not receive compensation for injuries sustained while goofing off.

Contacting a Lawyer

As you can see, not every situation is as black and white as it might seem when it comes to workers’ compensation. If you feel you’re entitled to coverage, contact a workers’ compensation lawyer in Buffalo, NY, like from Hurwitz, Whitcher & Molloy, Attorneys at Law, for help getting what you deserve.