Am I Eligible for Compensation Even If My Work Injury Was My Own Fault?
Suppose you have contributed to a workplace accident that caused your injuries. You may wonder if you can still claim workers’ compensation even when you are partially at fault? Do you wonder if the insurance carrier will use the situation to deny your claim?
The good news is that you can still claim compensation even when you were partially to blame for the accident. However, you must connect with an expert Glendale workers’ compensation lawyer to get the most out of your claim.
No-Fault System for Workers’ Compensation
Workers’ compensation operates on a no-fault basis, which means you don’t need to prove who is at fault in an accident. However, you must prove that your injury is work-related.
So you can still claim workers’ comp if you were partially at fault in an accident that caused your injuries. This includes accidents that result from your negligence, like forgetting to use safety equipment. The only requirement is that the accident should have happened in the workplace or while you were doing your job.
When You Maybe Disqualified for Workers’ Comp
As mentioned earlier, you can claim compensation when you’re partially at fault for your work-related injury. However, there are situations when you could be disqualified for benefits because of work misconduct.
- You intentionally engaged in a dangerous activity without safety precautions.
- Being intoxicated at the time of the accident.
- You staged the incident to harm yourself.
- You started a violent altercation with another person in the workplace.
In these situations, your employer’s insurance provider would argue that the accident happened because of your misconduct. If you had done your work the right way, you probably wouldn’t have ended up with injuries.
Moreover, your employer can legally terminate you for engaging with these offenses.
What If the Insurer Wants to Deny Your Claim Because of Your Fault
There are particular possible reasons for the insurance provider to deny your compensation claim, especially when you’re at fault for the accident.
First, they may have reasonable points for denying your claim, like work misconduct, as mentioned earlier. The insurer may prove you don’t deserve the benefits because of your offense.
However, the insurer may also try to prove that you had committed work misconduct, even if you hadn’t. They do this to avoid financial liabilities and deny your claim. In this case, you must establish that your fault in the accident didn’t result from misconduct or gross negligence.
Here’s how you can get your compensation when the insurance provider argues you have committed misconduct, even if you haven’t:
- Gather all necessary documents supporting your claim. That includes the usual medical records, medical bills, and lost wages, among other requirements. It’s also worth having a medical-legal report when possible. It can clarify some points, such as proving you were sober at the time of the accident.
- Consult a professional Glendale workers’ compensation lawyer to represent you. They can communicate with the insurer on your behalf and prove that you deserve the workers’ compensation.
- When necessary, a workers’ comp lawyer can help you appeal your claim denial. That’s when you need to attend a pre-trial conference to prove to the presiding judge that you didn’t commit any work misconduct. And that the insurer must accept your claim.
Talk with a Workers’ Compensation Attorney in Glendale to Win the Rightful Benefits
You can still claim your rightfully deserved compensation, even if you were at fault for your work-related injury. However, remember that doing it alone can become complicated, especially when you talk with your employer’s insurer. So, hiring a Glendale workers’ compensation lawyer to assist you makes a wise decision.