Reasons why you might not get workmans comp

Michigan workmans comp lawyer explains why you might not qualify for benefits under certain circumstances.

Any injury or illness caused by your work should be covered under workmans comp. The system is designed to provide wage loss and medical benefits regardless of fault. However, there are some limits that you should know about.

In general, injuries resulting from intoxication or involving the use of drugs are not covered under workmans comp. Additionally, injuries suffered while a worker was committing a serious crime may not be covered.

Substance abuse

You can lose your right to workmans comp benefits if alcohol or drug use occurred at work and contributed to your injury. This does not mean that you will automatically give up your right to workmans comp just because you failed a drug test.

We recently represented an individual from New Hudson, MI who was fired for failing a company drug test. His work injury was not connected to his drug use.  The insurance company denied benefits. We settled his case for $100,000.

Criminal acts

You are not entitled to wage loss benefits if your loss of wage earning capacity is related to  the commission of a crime. If it is determined that your wage loss is only partly due to the commission of a crime and partly due to your work injury, you can still receive some benefits.  You will not get workmans comp benefits if you are incarcerated.

We handled a case for a man from Howell, MI who was fired from favored work because of theft.  We were able to recover additional workmans comp benefits even though he was fired for good cause.  The case ultimately settled for over $50,000. 

Get help with your workmans comp claim

Call an experienced workmans comp lawyer at (855) 221-2667.  There is no fee unless workmans comp benefits are recovered for you. We will fight to make sure that all your legal rights are protected.

Alex Berman is the founder of the law firm. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

Related information:

FAQs about workers compensation to help protect you

Have your workers compensation benefits been denied or terminated?

07/01/2011
Injured On The Job: A Guide to Michigan Workers Compensation Law Injured On
The Job
A Guide to Michigan Workers Compensation Law Free Book
Free Consultation
  • This field is for validation purposes and should be left unchanged.