Workers’ compensation is an insurance program that provides benefits to workers injured on the job. However, there are some injuries that are not covered by workers’ compensation.
In California, non-compensable injuries are governed by Section 3600 of the Labor Code. This section states that the following injuries are not covered by workers’ compensation:
- Injuries caused by voluntary poisoning
If a worker is injured while under the influence of alcohol or drugs, he or she may not be eligible to receive workers’ compensation benefits. This is true even if the injury was not directly caused by the poisoning.
- Self-inflicted injuries
If a worker intentionally injures himself, he is not eligible to receive workers’ compensation benefits. This includes injuries caused by car accidents, falls, or gunshot wounds.
- Injuries caused by fighting
If a worker is injured in a fight, he is not eligible to receive workers’ compensation benefits if he were the person who started the fight. If the worker was injured while defending himself or another person, he may be eligible to receive benefits.
- Injuries caused by recreational activities
If a worker is injured while participating in a recreational activity, he is not eligible to receive compensation benefits if the activity was not work-related. For example, if a worker is injured playing soccer during a break at work, he may be eligible to receive benefits. However, if a worker is injured playing golf after work, he is not eligible to receive benefits.
- Injuries caused by chronic diseases
If a worker has a chronic illness that is aggravated by work, he may be eligible to receive compensation benefits. However, if the chronic illness is not work-related, he is not eligible to receive benefits.
- Injuries caused by worker negligence
If a worker is injured through his own negligence, he is not eligible to receive workers’ compensation benefits. For example, if a worker is injured by not wearing proper safety equipment, he is not eligible to receive benefits.
- Injuries caused by an act of God
If a worker is injured by an act of God, this person is not eligible to receive benefits. For example, if a worker is injured by an earthquake or tornado, he or she is not eligible to receive benefits.
It is crucial to understand injuries that are not covered by workers’ compensation. If you are injured at work, it is important to consult with a workers’ compensation attorney to determine if you are eligible to receive benefits.