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Bars to Compensation

Some employee activities prohibit an injury to be covered by workers compensation.

 

Indiana Code 22-3-2-8. Bars to compensation — Knowing misconduct — Self-inflicted injury — Intoxication — Burden of proof.

 

No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty. The burden of proof is on the defendant.

 
Note the distinction between an infraction and an offense. For instance a traffic law violation is usually an infraction and is insufficient to deny benefits.
 
Typically, in order to deny benefits, the carrier must prove the infraction was the "substantial cause" of the loss. For example, even though an employee might have been intoxicated at the time of injury, the claim may not be denied if it can be shown the injury may well have happened to a sober employee under the same set of circumstances.
 

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The material in this document has been prepared and shared for informational purposes only and should not be relied upon as legal advice on any particular situation.