A few exceptions to the general rule that workers comp is paid regardless of fault.
Our law firm has handled hundreds of cases over the last twenty years. Many times employer negligence is the reason our clients get hurt. Disregard for employee safety is a real problem.
Anger is a common feeling among our clients. It is hard to explain that workers comp is the exclusive remedy and employers cannot be held responsible for their negligence.
Workers comp pays lost wages and medical treatment. Pain and suffering is not available. However, there are some situations when an employer is excused from paying.
Alcohol or drug use is a basis to deny workers comp. However, failing a drug test is not a good enough reason to dispute benefits. It should not be assumed that an employee was intoxicated on-the-job simply because he or she tested positive for marijuana.
An employer can deny worker comp if a criminal act is the basis for your wage loss. However, committing a crime independent from your employment will not automatically disqualify your claim. Wage loss benefits will be suspended for any period of time that a person is incarcerated.
A certain amount of horseplay is normal and expected in the workplace. However, it is possible to be disqualified from workers comp benefits if your behavior is extreme.
Termination for cause
Some employers try to escape paying workers comp by making up an excuse to fire you. If terminated based upon your own fault, it could be argued that you removed yourself from the job and should not receive any benefits. We all know employers can find a reason to fire someone and that makes this exception ripe for abuse.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Photo courtesy of Creative Commons, by purpleslog.