Employee Behavior as Disqualification for Workers' Compensation in New York

Employee Behavior as Disqualification for Workers' Compensation in New York

In most situations, workers' compensation is the exclusive legal remedy for employees who suffer work-related injury, disease or death. New York workers' compensation law provides for a few instances where a worker's behavior may disqualify him or her from receiving workers' compensation benefits.

If you have questions about your eligibility or that of a loved one for workers' compensation benefits, it is advisable to consult a knowledgeable workers' compensation lawyer like one at Robert A. Koenigsberg Law Offices in New York, NY, as early in the process as possible to learn how the law applies to your particular circumstances and how to preserve your rights.

In New York, workers' compensation is normally the exclusive remedy for work-related injury, illness and death, whether the mishap is accidental or results from careless, negligent or reckless behavior on the part of the employer, employee or a co-worker. It is not enough to disqualify a claimant that he or she did not act wisely or show good judgment under the circumstances. In fact, an employee incurring a work-related injury may still be eligible for workers' compensation benefits even if he or she is injured while disobeying a law, particularly a traffic law, or a complicated or obscure law.

Even most injuries resulting from pranks or horseplay are compensable, whether the instigator or the object of the prank is injured. Most joking or playful conduct is considered a natural incident of employment for workers' compensation purposes.

Disqualifying Behavior

Here are some examples where New York workers' compensation law dictates that an injured worker's actions may result in a denial of benefits:

• Claimant knowingly makes a false statement about a material fact relevant to a claim for benefits or allows another person to do the same on the claimant's behalf.
• Claimant causes a work-related injury solely by being intoxicated from drugs or alcohol on duty.
• Claimant is injured while willfully attempting to cause harm or death to himself or herself, or to another person.
• Claimant is injured while voluntarily participating in an off-duty athletic activity, unless the employer requires the participation, compensates the employee for participating or sponsors the activity.
• Claimant is injured after abandoning his or her job, or while substantially deviating from work for personal reasons with no benefit to the employer.
• Claimant is injured disobeying a known, enforced rule or instruction of the employer serious enough to take the action outside the scope of employment.
• Claimant is injured because of excessive horseplay or prankish behavior so extreme as to take it outside the scope of employment.

Conclusion

New York law in this area is extremely complex and whether benefits are awarded will depend heavily on the detailed facts of each case. Therefore, it is particularly important to seek legal counsel from an experienced workers' compensation attorney such as one at Robert A. Koenigsberg Law Offices in New York, NY, if you suspect your own actions could have an impact on your eligibility for workers' compensation benefits.

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