Can you lose your entitlement to workers’ compensation?

The law entitles the overwhelming majority of Georgia workers to workers’ compensation benefits if they sustain on-the job injuries. The workers’ comp system is no-fault, meaning the employer’s insurer must pay benefits regardless of the circumstances surrounding the adverse event … In most cases. 

There are few circumstances in which a worker may lose his or her entitlement to workers’ comp benefits. FindLaw explores a few situations that may result in an adverse workers’ comp decision. 

You break the law 

If you broke the law during the course of your job, and if your illegal behavior caused the adverse incident, you may lose your entitlement to workers’ compensation benefits. However, the final decision comes down to how badly you broke the law. 

For instance, if you are a truck driver and accidentally ran a stop sign, you may be able to keep your benefits. However, if you caused an accident because you were drinking and driving, chances are you will not receive compensation. 

You fail to follow the company’s safety procedures 

Companies have safety protocol in place for the express reason of protecting their employees. If you willingly and knowingly break a rule, and if said misconduct results in your injury, you may lose your workers’ comp benefits. 

Other ways you may lose your benefits 

Workers have lost their entitlement to workers’ compensation benefits due to various indiscretions in the past. The most common include intoxication on the job, drug use, self-inflicted injury, willful misconduct and refusal to use the provided safety equipment can all result in your loss of entitlement to benefits. Furthermore, failure to report the incident to your employer in a timely manner, failure to submit to required treatment or refusal to submit to a drug or alcohol test can also cause you to lose your benefits.