If there is any possibility of injury in your job, it is important to take every safety measure possible and do everything you can to keep yourself and your co-workers safe. However, if an injury does happen, you can rest assured that the workers’ compensation system will protect you from financial ruin due to medical bills and other expenses. However, many people still worry about not receiving the workers’ comp they are due. Can you still be compensated even if the injury was your fault? This guide will answer this question and put your fears to rest.
Fault in Workers’ Comp Cases
First of all, it is important to understand that while workers’ comp is a benefit across the whole nation, it is managed on a state level. This means there are some differences in the laws and regulations from one state to the next.
However, it is typically true that fault plays no part in determining workers’ comp eligibility. After all, it would defeat the purpose of workers’ comp if accidental self-inflicted injuries were not covered. Whether you did something to cause an accident, or a co-worker did, you will be covered.
In personal injury cases, fault plays a much more important role. You cannot file a lawsuit against someone unless he or she was at least partially at fault for your suffering. This confuses many people because personal injury lawsuits and workers’ comp claims are similar on the surface. However, this is one aspect in which they are different.
Exceptions
There are two situations where you may not be eligible for workers’ comp due to something related to fault. These exceptions are:
- Intoxication
- Intentional injuries
You can probably already tell why these are exceptions, but let’s dive into them anyway. If you cause an injury to yourself, and you were intoxicated at the time, workers’ comp will not cover your injury. This is true whether your mind has been altered by alcohol or any other substance.
Additionally, workers’ comp does not provide coverage from injuries caused intentionally. There is a reputation that you can purposefully injury yourself in order to profit from workers’ comp. This is faulty thinking from the start because workers’ comp only compensates injury-related expenses. It is impossible to earn more than what you lost from the injury. Even if this was not true, however, intentional injuries immediately disqualify you for any amount of compensation. If you have any other questions, you might want to speak with a workers’ comp attorney, like a workers compensation Attorneys in Milwaukee, WI, today..
Thank you to Hickey & Turim SC for their input into personal injury law.
