What Injuries Are NOT Covered By Workers Compensation?


If you’re planning to go to your employer’s office and seek workers compensation for your on-the-job and job-related injuries, stop right there!

Are you certain that your injuries are actually covered by workers compensation? You may think that workers comp laws cover all medical bills, rehabilitation, and recovery expenses, but that’s simply not true.

Today, our workers compensation attorneys in Los Angeles, CA at Law Offices of Kropach & Kropach outline what types of injuries are NOT covered by workers compensation in Los Angeles and elsewhere in Los Angeles.

Good news: what workers comp covers

The good news is that workers compensation covers not only your medical bills but also all other expenses associated with diagnosing and treating your injuries.

That, of course, if your workers compensation attorney collects enough evidence that your injury was caused in the workplace or is job-related.

Also, you may be entitled to lost wages if your injury makes you temporarily or permanently disabled, our workers comp lawyers say.

Many employees in Los Angeles tend to believe that they only get to recover medical bills, but if you’re unable to work because of your job-related injury, your attorney can help you recover lost wages, which are usually calculated as two-thirds of your regular wage.

Bad news: which injuries aren’t covered by workers comp?

Although workers compensation covers most job-related injuries, it wouldn’t be wrong to conclude that ALL injuries are covered by workers comp or that a job-related injury will be covered by workers comp under ANY circumstances.

Our Los Angeles workers compensation lawyers at Law Offices of Kropach & Kropach name five scenarios under which an employee will most likely NOT be able to recover workers compensation regardless of his/her injuries:

  1. The employee was intoxicated or under the influence of drugs when the injury occurred;
  2. Self-inflicted injuries (including those sustained in a fistfight between coworkers, if the injured was the one who started the fight);
  3. The employee was committing a crime or engaging in unlawful activities at work when he/she suffered the injury;
  4. The employee was not performing his duties or wasn’t on the job when the injury occurred;
  5. The employee violated company policies or disregarded safety rules when he/she suffered the injury.

What about long-term illnesses?

Not all on-the-job injuries are created equal, as there are also long-term illnesses that take time to develop, progress, and manifest themselves.

Meaning: you don’t necessarily have to be a victim of a slip and fall accident or get electrocuted at work to obtain workers compensation. Injuries that are caused by overuse or misuse over a long period of time – aka long-term illnesses – are also covered by workers comp.

For example, you may develop chronic back problems from having a sedentary job, or even suffer from severe mental fatigue (yes, stress-related injuries are also covered).

Does the injury have to take place in the workplace to get comp?

Not necessarily. You can be injured on your business trip abroad or during a business meeting with someone outside of the office to be covered by workers compensation.

However, each job-related injury is unique and requires an independent review by a skilled workers compensation attorney. Seeking the legal advice of an Los Angeles workers comp lawyer will maximize your compensation, including medical bills, lost wages, and other benefits.

Call Law Offices of Kropach & Kropach at 818-609-7005 or complete this contact form to get a free initial consultation about your particular case.

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