Workers compensation pays employees for injuries incurred on the job. Workers compensation claims can be denied for a number of reasons. One of the primary reasons why workers compensation claims are denied is the injury is non-compensable. There are a number of injuries that fall into the non-compensable category.

Deviation

Workers compensation covers injuries to employees while they are acting within the course or scope of their employment. Injuries that occur while the employee is acting outside of the course scope of his employment are not covered.

The term “course or scope of employment” has been defined to include an activity of any kind or character that has to do with and originates in the work, business, trade or profession of the employer that is performed by an employee while engaged in or about the furtherance of the affairs or business of the employer. The term may include an activity conducted on the premises of the employer or at other locations.

This issue often comes up when an employee deviates from his normal job duties. For example, an employee might get injured while he is at a location where he is not authorized to be or when he is performing job duties beyond those he is authorized to perform.

Travel to and From Work

Workers compensation covers injuries to employees who are at work. Traveling to and from work may not be covered by workers compensation.

Intoxication

Workers compensation covers injuries to employees, but it may exclude injuries due to the employees voluntary intoxication. Intoxication by alcohol is usually determined by the blood alcohol level permissible for operating a vehicle on public roads as established by the state penal code. Other types of intoxication may also qualify to exclude coverage, such as drugs, aerosol, glue, paint, or other substances.

Intentional and Self-Inflicted Injuries

Workers compensation covers unintentional injuries. Intentional and self-inflicted injuries may be excluded from coverage. This issue can be difficult to identify. For example, an employee who commits suicide may qualify for workers compensation if he is mentally deranged because of a work related injury.

Similarly, intentional injuries by third parties are not covered. This may include an angry husband shooting employees at the wife’s job. This type of intentional injury by the husband is generally not covered by workers compensation.

Recreational Injuries

Workers compensation covers work-related injuries. Injuries incurred during recreational activities may not be covered. Recreational injuries may be covered if they are for a business purpose, such as recruiting.

Acts of God

Workers compensation does not cover injuries resulting from a work of God. This includes a number of natural disasters, such as earthquakes, tornadoes, floods, etc. Workers compensation may cover these situations when the employer puts the employee in a higher risk satiation. An example would be where an employee is struck by lightning while working on scaffolding.

Ordinary Diseases of Life

Workers compensation covers occupational diseases. It does not usually cover ordinary diseases of life, unless there is some causal connection to the employees work.

These are many of the major types of non-compensable injuries in terms of workers compensation. Workers who suffer these injuries are often not covered by workers compensation.