My Workplace Injury Is My Fault — Can I Still Get Workers’ Comp?
As experienced workers’ compensation attorneys in Georgia, Workers Compensation From The Law Offices of Darwin F. Johnson understand that fault in the event of a workplace accident is not always black and white. A variety of mistakes and oversights can cause workplace injuries, and sometimes the victim feels that he or she is entirely to blame. While the phrase “accidents happen” certainly has merit, employees in this situation may feel like they are in something of a pickle; the injury happened at the workplace, although it wasn’t due to unsafe working conditions, negligent management, or an extreme occupational hazard. The employee perceives it as their own “fault.”
The truth is, even if the employee was mostly responsible for the accident, he or she can still potentially be entitled to workers’ compensation. Check out this video on receiving workers’ compensation benefits if you consider an accident your fault and continue reading for a more in-depth look into how we can help employees receive the compensation they deserve.
No-Fault in Workers’ Compensation
The workers’ compensation system in the United States is based on this trade-off: You won’t sue your employer if they pay for your workplace injuries, regardless of who is at fault. Although each state has its own unique workers’ comp guidelines, they all virtually function as “no-fault” systems. Determining fault for a workplace injury is typically not a concern when considering an employee’s eligibility for workers’ compensation benefits.
Employee negligence isn’t always a barrier to receiving workers’ compensation, so even if you think an accident is your fault, you may still be eligible for workers’ comp. While the employer’s compensation system is in the employee’s favor, it doesn’t mean employees are always immune to not receiving benefits regardless of the responsible party.
Misconduct May Disqualify You
There are a few ways an employee can be at fault, which may disqualify that worker from benefits.
For example, being intoxicated when an accident happened may disqualify a worker from receiving benefits. Similarly, fighting or horseplay that results in a workplace injury may also disqualify your workers’ comp, since these benefits are intended to compensate employees for work-related injuries. If an employee’s misconduct is determined to be significantly outside the scope of job duties, injuries caused by it may not be covered.
If you are an employee and you require a workers comp lawyer in Georgia, contact Workers Compensation From The Law Offices of Darwin F. Johnson today. Regardless of whether or not you feel responsible for the accident, it’s in your best interest to let an experienced attorney fight for all benefits you are entitled to.