Work Injury Caused By An Act Of God – Is It Covered?
Sometimes work injuries happen due to the violence of nature. Lightning, tornadoes, floods, and such can all cause injuries. Texas workers’ compensation law states that if an injury occurs simply as an act of God, then it is not covered under workers’ comp insurance. Insurance companies can deny these claims. But that doesn’t mean that all injuries resulting from nature are excluded.
The way to know is this: if your employment puts you at a greater risk of injury from natural events than the general public is exposed to, then it CAN be covered as a workers’ compensation claim. What does this mean?
Well, the Division found that a guy who was working in an open field near a steel valve on a pipeline, and next to a bulldozer, was at a greater risk of being hit by lightning than the general public. His work put him in a bad situation that most folks could avoid.
But consider driving down the highway on a sales call on a windy day and getting blown into another car on the highway. You can’t say that your employment put you at a greater risk of injury than the general public. All cars on the road at that time had the same amount of risk.
If your case gets denied because the insurance company says it resulted from an Act of God, then you will need to request a benefit review conference to get the litigation process started.