Wednesday, July 4, 2007

Who Cannot Claim Worker’s Compensation?

Generally, Worker’s Compensation provides benefit to injured employees. Every state has their own form of Worker’s Compensation which are generally known as Workmen’s Compensation, Workers’ Compensation, Workman’s Compensation or Work Comp.

The general principle underlying Worker’s Compensation is that it requires the employers to replace compensation of their employees for injuries sustained while performing his or her job functions to replace lost wages and cover the employee’s medical expenses.

Worker’s Compensation is a no fault system, meaning that it doesn’t matter whether the injury is caused by the negligence of the employee or the employer or even both. So long as the employee sustained a job related injury, he or she should be paid in full in accordance with law.

However, not all employees can be granted the benefits under Worker’s Compensation. Exceptions may include:

  1. injuries caused primarily by intoxication of employee or due to influence of controlled substances;
  2. injuries caused by attempted suicide or homicide by employees;
  3. injuries as a result of commission of a crime while o the job;
  4. injuries as a result of engaging in horseplay on the job, for those who leave employer’s premises without authority, or for other deviations from employment without the employer’s implied or express approval; and
  5. reduction of benefits for employees injured as a result of failure to put on or use proper health and safety equipment and gears.

As you can see, if you are a dedicated employee and is honest in your work, you don’t have to worry about not getting worker’s compensation in case of work related injuries. In case you will have problems in claming your rights, consult with expert lawyers near your immediate area.