Understanding Alabama’s Workers’ Comp Exceptions
In Alabama, workers’ comp typically covers injuries sustained at work, providing medical expenses, lost wages, disability benefits, and vocational rehabilitation. It is a no-fault insurance for employees affected by work-related injuries or illnesses. This means that, in most cases, even if the accident was your fault, you’ll be able to file a claim.
However, certain types of accidents would not leave the injured person eligible to file a workers’ comp claim. At Floyd Hunter Injury Law, our workers’ comp lawyers are committed to providing you with the knowledge and resources you need to successfully navigate the workers’ comp system. If you are wondering whether you have a valid claim, contact an Alabama work injury lawyer for a free case review.
Accidents involving the circumstances listed below are typically not covered by workers’ comp in Alabama.
Employee Misconduct or Fighting
In situations where an employee gets injured while engaging in misconduct or fighting at the workplace, they may not be eligible for workers’ compensation benefits. This is especially true for the person who initiated the fight. For example, if an altercation breaks out among coworkers and the individual who started the fight is injured during the altercation, their injuries may not be covered under workers’ comp due to their involvement in a physical altercation.
Intoxication by Alcohol or Drugs
If an employee is injured while under the influence of alcohol or drugs, their injuries may not be covered by workers’ comp. For instance, if an employee sustains an injury while operating heavy machinery while intoxicated, their workers’ comp claim may be denied.
Illegal Activity
Employees who get injured while engaging in illegal activities at the workplace are generally not covered by workers’ compensation. Being injured while participating in illegal activities such as theft or drug-related offenses will likely leave an injured worker ineligible for benefits.
Accidents Involving the Misuse of Protective Equipment or Disregard of Safety Policies
If an employee fails to use provided safety equipment or disregards safety policies and, as a result, gets injured, their workers’ comp claim may be denied. This could include situations where an employee knowingly violates safety protocols, leading to their injury.
Pre-existing Conditions
Aggravating a pre-existing injury or condition does not qualify for workers’ compensation benefits. This means that if an employee worsens a pre-existing condition while on the job, they may not be eligible for workers’ compensation benefits.
Injuries That Alabama Workers’ Comp Won’t Cover
Apart from the situations mentioned above, you are unlikely to be compensated for the following:
- Injuries sustained outside of work duties, such as during the commute to or from work, during lunch breaks, or while engaging in recreational work functions. Alabama workers’ compensation laws state that to qualify for workers’ comp benefits, “The accident must arise out of and in the course of the employment.”
- Minor injuries that don’t require medical attention or any more treatment than first aid
- Unreported injuries, making it important to report any work-related accident within 5 days to ensure eligibility for workers’ comp benefits
Unsure If You Qualify for Workers’ Comp in Alabama?
Don’t navigate the complexities of workers’ compensation claims alone. Contact Floyd Hunter Injury Law today for a free consultation with our experienced team of Montgomery and Millbrook workers’ comp attorneys. We’ll assess your situation and provide the guidance you need to understand your eligibility and secure the compensation you deserve. Your well-being is our priority, and we’re here to support you every step of the way.
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