If you’ve been injured at work, it is likely that you will need to file a claim for compensation to cover your medical expenses and time off work. You may have heard of nightmarish tales where injured employees were denied compensation because they were found to be partially at fault for their injuries. But is there any truth to these rumors? Discover if liability really has anything to do with your workers’ compensation claim.
Does Fault Affect My Workers’ Comp Claim?
In a typical personal injury case, the injured party, or plaintiff must prove that someone else was at fault for their injuries. This can be a difficult and time-consuming process, and it relies heavily on the ability of the plaintiff to document and present tangible evidence of the other party’s fault.
Obviously, no one wants to go to all that work if it isn’t necessary. The good news is, depending on your claim, it may not be necessary. If you are filing a workers’ compensation claim, you will not be required to present evidence of another party’s negligence. Why? Workers’ compensation is a no-fault system, which means that you can receive compensation if you were injured at work, regardless of whose fault it is. For workers, this is an added layer of protection. You will not need to demonstrate that someone else is to blame for your injuries in order to receive the compensation you need.
How Does the No-Fault System Benefit Injured Workers?
When an employee doesn’t need to gather evidence to file their claim, it means they can start receiving their needed benefits sooner. It can also spare them a stressful and time-consuming battle to defend their case and fight for their rightful compensation. No matter if your injuries were caused by faulty equipment, incorrect directions, hazardous policies, or employee carelessness, you are covered.
Are There Exceptions to the No-Fault System?
There can be exceptions, depending on the state. Some states observe exceptions to the workers’ compensation no-fault system for cases of grievous employee carelessness or intentional action. Some of these exceptions can include:
- Intentional, self-inflicted injury: Intentional injuries can cause your benefits to be reduced or denied completely. There is an exception to this exception, however. If the self-inflicted injury was caused by work-related stress or a workplace injury, you still may be able to receive benefits. This can allow the families of suicide victims to still recover workers’ compensation if they can demonstrate that work conditions lead to the suicide.
- Intoxication: If you are under the influence of drugs or alcohol at the time of injury, it is highly likely that your benefits will be reduced or completely denied. If your employer can prove that you were intoxicated at the time of the accident, you will need to show that your intoxication did not contribute to the accident in order to receive any benefits.
- Violating an express safety policy: Companies institute safety policies in order to prevent injuries and accidents, so a direct violation of a policy can work against your claim. For this reason, it is critical to always follow your employer’s safety policies. If you are found to have ignored a safety policy and were injured, it is likely that you will be denied compensation.
Let Our Charleston Workers’ Compensation Lawyers Fight For You – (843) 968-0886
If you were injured at work, you deserve to receive the compensation you need to recover from your injuries. There are many reasons you can be injured at work that are not your fault, so it is important to ensure that your case is protected from any accusations that may try to attack your ability to recover compensation.
At Pierce, Sloan, Wilson, Kennedy & Early, LLC, we understand the ins and outs of the workers’ compensation system, and we can fight on your behalf to gain the compensation you rightfully deserve. Our Charleston workers’ compensation attorneys have been on the side of those who have been wrongfully injured since 1999.
Contact our firm today to schedule a free case evaluation. Call (843) 968-0886 to get started with your workers’ compensation case.