In order to receive benefits under a no-fault system like workers’ compensation insurance, responsibility must not be established. Regardless of whether their employer was at fault for the accident, an employee who sustains an on-the-job injury can typically get reimbursement under their company’s workers’ compensation insurance.
Many workers believe that if they were the ones who injured themselves, they are not eligible for workers’ compensation benefits. However, this is not always the case. Keep reading to get the facts about different scenarios. Then contact PLBH at (800) 435-7542 to speak with an employment law attorney who can help you determine what your specific options are.
Accidental injuries resulting from general negligence, errors, or forgetfulness
Sometimes workers hurt themselves in wholly unintended situations. Employees cannot be denied benefits under the workers’ compensation system because of their involvement in an accident because accidents can occur in any workplace.
Accidents brought on by an employee’s errors, negligence, or other carelessness may still be eligible for compensation. The reason of an accident is typically not taken into account in the distribution of payments because workers’ compensation is a no-fault system.
In most cases you must have been working at the time of the injury to qualify for benefits
The injury must at least be related to one’s job in order to qualify for workers’ compensation. You should be able to collect compensation as long as you can demonstrate that your injury happened at work or was specifically brought on by your job and you follow the required procedures.
Although your employer and their insurance provider might try to cite your “blame” as justification for rejecting your workers’ compensation claim, this is typically against the law. To make a compelling argument, you will require solid proof and our knowledgeable attorney’s assistance.
Gross negligence and misconduct-related injuries
Workers’ compensation payments are typically not available to employees who hurt themselves via misconduct or gross negligence, even though they may theoretically be at blame for their own occupational injuries in some circumstances.
This can involve being intoxicated or using drugs, or blatantly disregarding safety precautions in a way that is deemed to be very careless. For instance, if an employee engaged in a known-to-be-risky task while knowingly misusing dangerous equipment, they could not be eligible to get benefits.
Keep in mind that even if you caused your own injuries, you can still be eligible for workers’ compensation benefits. To explore your rights, discuss your case with one of our attorneys. At PLBH, we stand up for workers who have been hurt in an accident at work. We are here to assist you navigate the workers’ compensation system and get the benefits you are due. Call now at (800) 435-7542 to request a consultation.