Determining fault is the main component of many personal injury cases. In a car accident, for instance, the at-fault driver may be liable for covering the costs of medical bills for the other party. This is specifically because they caused the accident and those injuries.
But workers’ compensation is a bit different. It is basically a no-fault system, so it usually does not matter who was at fault for the injuries. If the worker was on the job when they got hurt, they likely qualify for workers’ comp benefits. They do not have to prove that their employer was at fault, and they should not be denied benefits even if they were at fault. A worker who makes a mistake and accidentally causes their own injury could still seek workers’ comp.
Are there any exceptions?
There can be some limited exceptions in specific situations. For instance, if a worker intentionally does something to cause their own injury, then they may not qualify. Intentional action is different than just making a mistake.
Another example is when workers are doing things that are outside the scope of their employment. For instance, if workers were engaging in horseplay when one of them was injured, they may be denied benefits because they should not have been engaging in that conduct at work in the first place.
Similarly, if it turns out that a worker was impaired by alcohol or drugs when they got injured, then they could be denied. Once again, this goes beyond a simple mistake because they made decisions that caused an injury that otherwise would not have happened.
Seeking proper benefits
Injured workers need to know how the system works, what rights they have and the legal steps they can take to seek proper benefits after an injury.
