In the state of Illinois, workers’ compensation helps you support yourself after a workplace injury, but there are some exceptions. Most on-the-job accidents are covered under worker’s compensation. However, you might not be eligible for benefits if you weren’t technically on the job site or injured yourself by acting recklessly.
What is not covered under workers’ compensation?
If you were drunk or under the influence of drugs when you injured yourself, you probably won’t qualify for workers’ comp. This also applies to injuries that you sustained from messing around during work hours. “Horseplay” isn’t covered under workers’ comp because you weren’t actually doing work at the time of the incident.
On a similar note, you might not qualify for worker’s comp if you injured yourself while breaking company policy or doing something illegal. In addition, workers’ comp is for unintentional accidents only; you can’t get benefits by purposely injuring yourself and filing a claim.
You might qualify for workers’ comp if you were injured while running a work-related errand or working from home. However, you probably won’t qualify if you were just driving to or from work. Workers’ comp doesn’t cover your regular commute unless your contract states otherwise.
How do you know if you qualify or not?
Even if you’re pretty sure that you qualify, getting your benefits can be an uphill battle. An employment law attorney may tell you whether you qualify for workers’ compensation so that you know if you should pursue a claim or not. If you don’t qualify, your attorney might recommend other options.
If your attorney recommends that you file a claim, they may help you submit paperwork to your employer’s insurance company. The law requires most employers to carry workers’ comp insurance to cover workplace injuries. You might be able to sue your employer if they broke the law by refusing to carry insurance.