Law Office Of

Donald W. Bedell

Schedule Your Free Legal Consultation

Law Office Of

Donald W. Bedell
Free Consults Available

More than 25 years of trial success

Does fault matter in my workers’ compensation claim?

On Behalf of | Feb 28, 2022 | Workers' Compensation

A workplace injury can happen to anyone, no matter the job. From construction sites to office places, any workplace has the potential to cause an employee to suffer serious injuries. Workers’ compensation can help an injured employee cover the costs of their injury, but it is not something that is guaranteed to them. When it comes to earning workers’ comp, can an employee earn their benefits if they were at fault for their injury?

How does liability affect your claim?

Workers’ compensation is an insurance program for employees that covers any injuries they sustain as a result of their job. Like other insurance policies, they function on either a “fault” or “no-fault” policy. Workers’ compensation is an insurance policy that uses a “no-fault” policy, which means that even if an employee caused their own accident, workers’ compensation would still cover them.

There are some exceptions to this situation, however. If an employee was intoxicated due to alcohol or certain drugs when they caused the accident, it might invalidate their claim for workers’ compensation. There does need to be necessary evidence of the intoxication in order for your workers’ compensation claim to be denied.

Make sure you get the compensation you deserve

If your employer is trying to avoid paying you the workers’ compensation you deserve, it may take the assistance of an attorney to hold them to their responsibilities. Do not take your employer’s word at face value if they claim you are not eligible for workers’ compensation and get the help you need to secure the settlement you deserve.