Depending on your state, certain types of work injury claims may not be covered by workers' comp requirements. If your claim is covered under the Virginia Workers’ Compensation Act, you do not have to pay a deductible to get treatment. For instance, volunteer firefighters and police officers are covered by workers' compensation, as are any vo… Why a Business May Want to Exclude an Officer or Owner from Workers Compensation Insurance Coverage: In short, excluding officers and owners reduces the cost of workers' compensation insurance. Similarly, most injuries caused by workplace fights or altercations are not covered by workers’ compensation. Similarly, most injuries caused by workplace fights or altercations are not covered by workers’ compensation. As a result, if your employer has only two employees, they are most likely not required to carry workers’ compensation insurance and any injury you sustain would not be covered under workers’ compensation. The main categories of workers that are not covered by traditional workers’ compensation are: business owners, volunteers, independent contractors, federal employees, railroad employees, and longshoremen. Without coverage, your employees can sue you for a work-related injury or illness to help pay for their medical costs or lost wages. On the other hand, your injuries will probably be covered by workers’ comp if you drive a company car, if you don’t have a fixed work site, or if you were running a work errand. Some states—including Florida, North Carolina, Ohio, and Texas—assume that an injury is non-occupational if drug testing shows high levels of alcohol or drugs. .Injuries caused by repetitive work activities are also within the course and scope of employment. Independent Workers. In other states, such as Washington, business owners, sole proprietors, and partners may elect to be covered employees for purposes of workers’ compensation, if they pay the workers' comp insurance premiums. Foreign nationals who work in the United States for their home governments or for some international organizations, such as the United Nations. For example, a dishwasher who slips and falls while working in a restaurant kitchen would be covered. Student interns are individuals that are providing services to gain work experience. The class of employees to be covered The purpose of Part Two of the Workers' Compensation Policy is to: Handle suits against the employer for damages arising from an injury to an employee when those damages are not covered by Workers' Compensation If you are injured while you’re away from the workplace, your injury will be covered only if you were performing activities that benefited your employer. Depending on the circumstances, injuries at a social event—such as a company picnic, holiday party, or happy hour—might not be covered by workers’ comp. However, if the fight is over a work-related issue, you might still be eligible for benefits. Covered entities are permitted to disclose the amount and types of protected health information that are necessary to obtain payment for health care provided to an injured or ill worker. Typical examples of excluded workers include: If you are injured on the job and are unsure if you have an employer (and thus coverage for workers’ compensation purposes), talk to a workers' comp lawyer. In some cases, workers who are considered independent contractors might still be covered under your workers’ compensation insurance. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Not all injuries are covered by the Workers' Compensation Law even if the injury happened "on the job." 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