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When can’t you seek workers’ compensation?

| Sep 10, 2020 | Workers' Compensation

As an employee at a major company, you’ve probably heard that you are able to seek workers’ compensation if you get hurt on the job. There are some exceptions, though, and those are exceptions that you should know.

In Wisconsin, injured workers have a right to seek benefits regardless of who causes or helps cause an injury, but there are a few times when the workers’ compensation insurance provider won’t pay out.

Workers’ compensation may not be accessible if:

  • You hurt yourself intentionally while you’re working
  • You were voluntarily participating in an off-duty activity, like a holiday party
  • You were injured because of horseplay or a fight that you initiated

There are times when you may face an employer who doesn’t believe you should receive workers’ compensation. For example, the employer may believe that you were the one that started a fight with a fellow employee, even though the other employee hit you first or caused you to react in self-defense. Or, your employer may accuse you of “playing around,” and causing your own injury — perhaps intentionally.

If your employer doesn’t believe that you have the right to a claim, they will let the workers’ compensation agency know the reason that they don’t think you should qualify. Their opinion may clash with your own, and if that happens, your claim for benefits may be denied.

If you receive a denial letter from the workers’ compensation provider, you do have a right to file an appeal. Your attorney can help you appeal the decision and show that you do have the right to benefits despite your employer’s claims.