Employee Misconduct

Generally, workers' compensation is a no-fault system that provides an employee with benefits for work-related injuries and illnesses without reference to an employee's negligent or wilful misconduct. This is not so, however, when such misconduct occurs outside the course of his employment. Additionally, various jurisdictions have outlined certain instances where an employee's misconduct constitutes a defense to the award of workers' compensation benefits.

Injury From Usual Exertion or Exposure Concept

"Injury From Usual Exertion or Exposure" Concept)

Self-employment

The central question of whether a given state can apply its workers' compensation statute focuses on various factors including the place that the employment contract was entered into, the place of the employee's injury, and the employee's usual place of employment. For example, an employee who entered into an employment contract with a construction company in California, and who was subsequently injured on a construction site in Nevada, may be able to seek workers' compensation benefits in both California and Nevada. However, double recoveries are generally not permitted.

Knowledge of Injury Imputed to Employer

When an employer has actual knowledge of an employee's injury and its possible connection to the employee's work, most courts will excuse the employee's failure to timely give notice of the injury. Sometimes, however, such knowledge will be imputed to the employer. If a person associated with the employer in a managerial or representative role received knowledge of the injury, that knowledge will be charged to the employer. For example, consider the supervisor who witnessed the accident that caused the employee's injury. The employer itself will then be deemed to be aware of the employee's injury.

Drug and Alcohol Dependence

SSI and SSDI benefits)