Workers' Compensation Laws and Exemptions

In certain cases, workers' compensation insurance can be denied to employees. Review the information below to learn more about workers' compensation laws and exemptions; if you have a case, speak to a workman's comp attorney as soon as possible for a claim evaluation.

On-the-job Injuries Exemptions

Some types of on-the-job injuries may not merit workers' compensation insurance benefits. These include:

• Self-inflicted injuries (such as those incurred if two employees were fighting
• Injuries incurred while an employee was breaking the law (i.e. a delivery worker robbing a receptionist at one of his sites)
• Injuries incurred while the employee was not working
• Injuries incurred while the employee was violating company policy

Employment Exemptions

In addition, some workers are excluded from receiving workers' compensation insurance benefits. These workers include:

• Shopowners
• Farm workers
• Railroad employees
• Maritime workers
• Volunteers
• Independent contractors
• Federal government workers
• Standard employees in nearly one-third of all U.S. states

To verify whether or not you are eligible for workers' compensation, speak to your employer AND consult one of the personal injury attorneys in your area who specializes in workers' compensation laws.

Receiving Medical Treatment: Deciding Between Your Own Doctor and the One Provided by Your Employer

Depending on your state, you may be permitted to see your own doctor if you suffer an on-the-job injury. However, you MUST submit a written statement requesting this before you are injured, or you may forfeit your right to choose your physician. In most jurisdictions, your employer will choose the doctor who will examine you.

When you visit this doctor, be sure to 1) be honest about your injury and its impact on your life, 2) be thorough when discussing your medical history. If you fail to be truthful, you may seriously affect your chances of winning the workers' compensation to which your injury entitles you.

Consult a Workman's Comp Attorney

If you have been injured at work, you may be eligible for workers' compensation benefits. Review a list of injuries and jobs excluded from workers' comp benefits, then consult an attorney for a case review.