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Can you claim workers’ compensation if you were at fault?

On Behalf of | Jan 19, 2022 | Workers' Compensation

Workers’ compensation provides insurance cover to employees for injuries sustained from a workplace accident. But, what if you were at fault for the accident? Are you still eligible for compensation benefits? Here is what you need to know.

Unlike most personal injury cases where you have to prove negligence, it is not the case with workers’ compensation. Fault is not usually required to make a successful claim. As long as you were injured while conducting work-related duties, you should be able to claim compensation for your injuries.

When your claim may be denied

There are instances when your claim may be dismissed even if your accident occurred in the line of duty. For example, if the accident happened when you were intoxicated or under the influence of a controlled substance, you may not be eligible for workers’ compensation benefits. Equally, if you disregarded obvious safety measures put in place by your employer and got injured in the process, your claim is likely to be dismissed.

Other willful misconduct may also lead to a denial of your claim. Such instances include injuries resulting from fights or intentional acts.

Third parties may be liable

Under normal circumstances, you cannot sue your employer for a workplace accident refused for worker’s compensation. However, third parties responsible for the accident may be liable for your damages. These include manufacturers of defective products or subcontractors who may have contributed in one way or the other to your accident.

Protecting your legal rights

Navigating the claims process for a workplace injury can get complicated. Therefore, you need to prepare for any eventualities, including fighting a denial of your claim.