Can I still receive workers’ compensation benefits if the accident was my fault?

In 2019, 888,220 non-fatal injuries occurred in the workplace. But, how do people get injured? Is it due to negligence of the employer, or is it through poor decisions on their part? And, if the accident is their fault, can they still receive workers’ compensation?

We are here to give you all the details.  If you need representation, you can click https://realjustice.com/ to find out how a lawyer can help you.

My fault vs company fault

If you sustain injuries due to an accident at work, you are entitled to workers’ compensation. Workers’ compensation is considered a no-fault benefit that you sign up for when employed by your job. The minimum requirement to receive workers’ compensation is that it is a work-related injury. Now, if the company is negligent, then you should get workers’ compensation without any hassle. There are cases where if you are horseplaying or are intoxicated you may not receive workers’ compensation. For example, if you are blatantly not following safety measures at your work or operating machinery while intoxicated, you may not receive workers’ compensation. But, in many other cases, you will receive workers’ compensation even if the accident is your fault.

Accidents that allow you to receive workers’ compensation

Forgetfulness

If you obtain a work injury because you forget how to perform a task, you can still receive workers’ compensation. For example, if your boss tells you to pour cement into the sidewalk and you forget some of the details and end up hurting yourself in the process, then it is purely an accident, and you can still receive workers’ compensation.

Mistakes

If you are following all rules and procedures but you make a mistake while performing a work activity you can receive workers’ compensation. Mistakes are purely innocent, which means that you did not intentionally cause the accident. For example, if someone were to use the wrong type of machinery to do a job and injure themselves, they should still receive workers’ compensation.

General negligence

If you injure yourself due to general negligence, you should still be able to receive workers’ compensation. When you are negligent, you are not using reasonable care, and that results in an injury. An example of general negligence is when an employee at a supermarket is restocking the shelves. The employee carries a large box of frozen food to the frozen food section, but they drop it on their toe and injure themself. Since the injury was purely accidental, they are still able to receive workers’ compensation for their injuries.

It is essential to remember that if your accident at work is purely accidental and there is no gross negligence or serious misconduct, then you should be able to receive workers’ compensation, even if it was your fault.

 

14/10/2021