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Workers’ compensation is not fault-based

| Oct 30, 2020 | Workers' Compensation |

When you get injured on the job, you have a right to seek workers’ compensation benefits. There can be exceptions where your employer may be able to deny your claim, however.

But those exceptions are usually limited to situations where you were injured while horse-playing on the job or when you were impaired by drugs or alcohol while working. But that doesn’t mean that an employer might not try to deny a legitimate claim.

For instance, they may say that your sprained ankle or torn ACL didn’t happen at work and that you were actually injured off the clock on your own time. They may try to allege that because you made a mistake, e.g., didn’t tie off when working above ground and fell, that it was your fault and they aren’t liable.

Doesn’t matter. Workers’ compensation is a no-fault system that was specifically designed to be a sort of umbrella insurance policy for the American workforce. Without this system in place, the court system would long ago have bogged down with cases to be adjudicated regarding at-work injuries.

The way the system is set up, you can be at fault for your injury and still be eligible for benefits. However, some employers may try to mislead you and tell you otherwise.

Don’t be misled about your on-the-job injury. If your workers’ compensation claim has been denied, we can help you. You have the right to an appeal. We can interview witnesses and access evidence to show that the injury did indeed occur on company time while you were engaged in carrying out your usual job duties.

If you need help with a workers’ compensation claim, reach out to us online or give us a call.

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