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Accidents not covered under workers’ compensation

| Apr 19, 2021 | Blog, Workers' Compensation |

Most employees in Kansas are entitled to workers’ compensation benefits if they are injured on the job. However, there are certain limited circumstances in which an on-the-job injury might not be covered by workers’ compensation.

Your location and your actions

For example, if you were in a car accident on your way to or from work, you probably would not be covered under workers’ compensation. However, if you were in your car doing a work-related errand, you most likely would be. These kinds of situations are covered under what is known as the “coming and going rule.” Another rule covers horseplay. If you are injured while engaging in horseplay at work, you might not be covered because this usually does not fall under the umbrella of work-related activities. However, you would probably be covered if you were injured because of the horseplay of other individuals.

Intoxication

Intoxication does not necessarily make you ineligible for workers’ compensation unless your intoxication was a factor in the accident. For example, if you are walking along on the floor in a factory and you are hit with a piece of machinery wielded carelessly by another worker, you are probably still covered. However, if you stagger into the machinery because of intoxication, you might not be.

Workers’ compensation can be vital in helping you pay your medical expenses and giving you time to recover from your injury. Many of these types of claims fall into a gray area and will be considered on a case-by-case basis. If you are concerned about whether your claim for workers’ compensation might be denied or you are simply worried about preparing the paperwork correctly, you may want to consult an attorney.