Workers CompensationCan I Get Workers’ Comp If I Was Off-Duty?

May 22, 2017by Aaron Allison

Get Workers' Comp If I Was Off-DutyOn May 10, a firefighter in Waco suffered second degree burns and a severe spinal cord injury in an off-duty accident. The firefighter was performing routine maintenance on a billboard when he came in contact with high-voltage power lines. The shock caused him to fall 10 feet. He laid on the ground for an hour, unable to use his legs, until he was discovered and taken to the hospital.

Can You Get Workers’ Comp If You’re Injured Off-Duty?

In Texas, workers’ comp providers are not responsible for paying benefits if:

  • An employee is injured while intoxicated
  • The injury is caused by willful attempt to injure oneself or unlawfully injure another person
  • A non-employee injures an employee for a personal reason and not directed at the employee because of their employment
  • The employee is injured while participating in voluntary off-duty recreation, social or athletic activity that is not part of that employee’s duties (unless that activity is a reasonable expectancy of or is expressly or implicitly required by employment)
  • The injury is a result of an “act of God” unless the employee’s job exposes him or her to greater risk of injury from an act of God than normally applies to the general public
  • The injury arises out of horseplay

Many workers’ comp claims are denied at first. This is true even if you have a legitimate claim. That is why it is important, if you have been injured on the job, to discuss your case with a workers’ compensation attorney.

Aaron Allison

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Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.