Accidents happen. Employees may face car accidents, machine accidents, slips and falls, and many other different types of accidents. Workplace accidents can often be traced back to an employee’s error – the employee themselves, a co-worker, or a third-party contractor. A majority of workplace accidents are the result from preventable human error. Sometimes an employee’s own negligence is what leads to a workplace injury. Does this mean that the employee isn’t entitled to workers’ comp benefits?
Workers Comp is a no-fault system
With workers comp case, no individual party is at fault. The amount of compensation an employee receives doesn’t decrease if his/her carelessness is the cause of the accident. Nor does it increase because the employer is responsible. There are exceptions to this rule. An employee loses his/her workers comp benefits if he/she was under the influence of drugs/alcohol or because the worker was purposefully trying to injure himself or someone else.
If your find yourself injured on the job and you can’t work because of your injury, you should be able to receive workers comp, as long as drugs or alcohol aren’t involved and you weren’t trying to hurt yourself or someone else at the time of the accident.
Do you need help filing your workers comp claim? Contact The Clardy Law Firm to have one of our workers’ comp lawyers help you get the compensation you deserve.
