The workers’ compensation insurance system is a no-fault system and therefore even an employee who was at fault for an accident could receive workers’ compensation benefits.
It’s a great misconception among unknowing employees that if they were the cause of the accident they would not qualify for workers’ compensation.
In the case that you have suffered injuries due to a workplace accident, you can certainly file for workers’ compensation benefits. The only situations where you might get denied are when you’ve obviously acted against company policy such as working while intoxicated or completely disregarding company safety measures and if your injuries are clearly intentional.
When unsure, it’s always helpful to consult with an experienced workers’ compensation attorney near you.
What Workers’ Compensation Covers
A person that suffers a work-related injury and is eligible for workers’ compensation will receive benefits that could help cover the following:
- Medical bills and expenses
- Lost wages
- Ongoing care costs
Workers’ compensation will essentially pay your paycheck without you having to work because of your pertaining injuries. It will also provide payments for your ongoing medical care until you are healed and are able to go back to work.
Injuries Caused By Accident
In a lot of cases, employees that apply for workers’ compensation benefits sustain injuries from events that are accidental. It is true that accidents can happen anywhere, and it’s unethical to bar employees from workers’ compensation benefits because of their contributions to an accident. The minimum requirement for workers’ compensation benefits is that the injury was work-related. The injury could be caused by a number of factors including employer negligence, ignoring critical safety procedures, colleague mistakes, or others. As long as it’s evident that you’ve sustained injuries at the workplace or while attending to your work duties, you should be able to receive workers’ compensation benefits.
Your employer and their insurance company may attempt to deny your claim by using your fault as a reason, but this is going to be illegal in most situations. If you’re unsure about your position, talking to an experienced workers’ compensation attorney will help you further understand your situation and stand your ground.
What Happens If You Got Fired After Injuring Yourself By Your Fault
An employer can not legally terminate your employment only because you have filed for workers’ compensation benefits. The employer can only legally fire you if you’ve violated company protocol, safety requirements, or took a dangerous unnecessary risk while doing your job. In fact, even if you were at fault for the accident that caused your injuries, you will likely still qualify for workers’ compensation.
If you’re unsure of your situation or are afraid of retaliation from your employer, talk to an experienced workers’ compensation attorney near you. An attorney can help guide you through the process with minimal issues and roadblocks.
How an Attorney Can Help You
The workers’ compensation benefits system could be overwhelming for someone who’s inexperienced in the field. That’s where an experienced workers comp attorney could help with negotiations, settlements, and generally pursuing your case till you get a favorable outcome. Most likely they will be able to settle with the other party out of court. Depending on your situation, this is often a good outcome as you’ll recover compensation without having to wait long months or years for a trial.