Limitations To workmans’ Comp That Can Prevent You From Receiving Benefits
In Michigan, you aren’t covered under workers comp for a workplace injury that was caused by substance abuse, a crime, misconduct or certain activities.
If you are injured on the job and you are wondering if your injuries are not covered by workers comp, call now (855) 221-2667 to speak with one of our work comp lawyers now, call, or you can fill out our free consultation form. There’s no cost or obligation.
Substance Abuse
In Michigan, your work-related injures are not covered under workers’ comp if alcohol or illegal drug use contributed to your injuries. This does not mean that you automatically give up your right to work comp just because you fail a drug test. There must be a connection between your substance abuse and injury to forfeit workers’ compensation benefits.
We recently represented an individual who was fired for failing a company drug test. His work injury was not connected to his drug use. The insurance company disputed payment of future worker comp benefits. But our work comp lawyers were able to settle his case for a significant amount of money, based upon the fact that the drug use and injury were unrelated.
Criminal Acts
Under the Michigan law, your injuries aren’t covered under workers’ comp wage loss benefits if your loss of wage earning capacity is related to the commission of a crime. If it’s 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 workers’ compensation for any period of time that you are incarcerated.
Intentional And Willful Misconduct
In Michigan, if your work-related injuries are as a result of intentional and willful misconduct, you will not be covered under workers’ comp. This usually involves injuries sustained while violating a strictly enforced company rule or policy. An example would be if you did not follow a strictly enforced rule requiring the use of a lift assist and you hurt your back while moving a heavy part. A recent case involved a woman who skipped a mandatory company picnic and was harshly disciplined by her boss.
She suffered a nervous breakdown but was denied workers’ compensation benefits because of her intentional misconduct in skipping the picnic.
You might also be barred from receiving workers’ compensation benefits because of horseplay or fighting. Some horseplay is normal, but when it significantly deviates from the course of employment, then it will act as a bar to receiving benefits. The issue of fighting has been resolved in several different ways by the courts. Generally, if fighting occurs as the result of personal issues and not arising out of employment, any injury will not be compensable.
Social And Recreational Activities
We sometimes see individuals who are injured while playing a sport at the company picnic or while deviating from their work duties to run a personal errand. In Michigan, if you injuries occure in the pursuit of social and recreational activity then you are not covered under workers’ comp.
Wondering if your work-related injuries are covered by workers’ comp in Michigan? Call our attorneys now!
If you were injured on the job in Michigan and are wondering if your injuries are not covered by workers’ comp, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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