Statutorily, a claimant seeking Workers’ Compensation benefits must have been injured in an accident.
Louisiana jurisprudence may define an accident to refer to many things. I could include a person tripping, machine malfunction, and more. Essentially an accident is an unexpected event that injures the employee while they are in the course and scope of their employment. This results in quite a broad spectrum of situations.
In Louisiana, an accident is not considered an unexpected event that results from “horseplay”. Because of this, an employer may allege horseplay as their defense.
Additionally, employers may have a reasonable defense if they have a published drug and alcohol screening program in place. If a screening program is in place and an injured person is required to give a sample that turns out to be positive for substances mentioned in the written program. In that case, there may be a rebuttal or defense that arises concerning the claim of a worker’s intoxication. This can be difficult for attorneys to overcome, but it is possible.
Workers’ Compensation will not cover an injury when it arises from traveling to and from work. If a person is not “on the clock” and traveling to and from home, lunch, etc., the injuries sustained from any accident that may occur will not result in a valid Workers’ Comp claim.