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Fault is not a big deal in workers’ compensation claims

On Behalf of | Apr 4, 2022 | Workers' Compensation |

You’ve often heard workers’ compensation being referred to as no-fault insurance. This is because fault does not count for much under the cover.

Unlike in other personal injury covers where you have to show that you were not at fault to receive compensation, workers’ compensation favors compensating the injured victim notwithstanding their contribution to the accident.

It means that you can still claim benefits even if you were at fault for your workplace accident. Your role in the accident does not make you ineligible for workers’ compensation benefits as long as your actions were not intentional.

Some exceptions may apply

Fault may not be a significant factor in your workers’ compensation claim, but there are instances where you can miss out on benefits following a workplace accident.

For instance, if you were drunk or intoxicated when the accident happened, your claim may be dismissed. Other such instances include

  • Self-inflicted injuries
  • Accidents caused by deliberately ignoring obvious safety regulations
  • Workplace accidents that arise from non-work-related activities such as fights

Your workers’ compensation claim is likely to be denied in all the above scenarios.

Protecting your legal rights

You may be afraid of claiming your workers’ compensation benefits because you were at fault for the workplace accident and that your employer might fire you for pursuing compensation. However, you need to go ahead and file your claim. Should you lose your job because of that, it is against the law, and you could take legal action against your employer.

You deserve compensation for any damages resulting from the workplace accident, such as lost wages or medical bills. Therefore, you need to be aware of how everything works to ensure that your claim goes through successfully and that you get the compensation you deserve.

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