What Does Workers’ Compensation Not Cover?

 Posted on March 02, 2023 in Workers' Compensation

As you are likely aware, workers’ compensation is a type of insurance that provides benefits to employees who are hurt or become sick because of their job. However, there are certain situations and conditions that workers’ compensation does not cover. Today, we will discuss when workers may not be eligible for this type of compensation. If you have been injured or fallen ill due to your job and have questions regarding workers’ compensation, consider contacting a workers’ compensation attorney who will work with you to understand your legal options.

What Situations and Conditions Must Exist that Make an Employee Ineligible for Workers’ Compensation? 

There are various situations where workers’ compensation will not cover an injury. Those situations involve the following:

• Intentional self-injury – Workers’ compensation does not cover intentional self-injury. Employees who injure themselves on purpose are not entitled to workers’ compensation benefits. 

• Injuries due to intoxication – If an employee is under the influence of alcohol or drugs when they are injured, workers’ compensation will not cover their injuries. This may include injuries during work-related events, such as company parties. 

• Injuries outside of work – Workers’ compensation only covers injuries that occur while an employee is on the job. When an employee is injured while they are off the clock, they will likely not be able to receive workers’ compensation.

• Injuries caused by misconduct – Workers’ compensation will not cover their injuries if an employee is injured while breaking company rules or engaging in illegal activities. 

• Pre-existing conditions – Workers’ compensation does not generally cover pre-existing conditions unless the job aggravates or exacerbates the condition. 

• Independent contractors – Workers’ compensation only covers employees, not independent contractors. 

What to Do if You Are Unsure Whether Workers’ Compensation Will Cover an Injury

If you were injured while at work or harmed as a result of your job, the first step is to notify your employer immediately. Your employer will provide you with the necessary forms and instructions for filing a claim with the Illinois Workers’ Compensation Commission. It is essential to report your injury as soon as possible. If you are unsure about the eligibility of your injury, consider contacting a workers’ compensation attorney. They will evaluate your case and help you understand your rights and options better.

Contact a Will County Workers’ Compensation Attorney

Contact the Joliet workers’ compensation lawyers with McNamara Phelan McSteen, LLC for all your workers' compensation questions and needs. Call 815-727-0100 for a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx