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Does fault matter with workers’ compensation?

Mar 31, 2022 | Workers' Compensation

Many workers assume that they can’t seek compensation if they were at fault. If a worker knows that they made a mistake that caused their own injury, then they think that the company isn’t going to cover the costs of that injury.

The reason that people think this may be because liability and fault are very important in other types of injury cases. For instance, if you’re injured in a car accident, the driver who is at fault is the one who is liable to cover those costs. But things don’t work the same way with workers comp claims, which are set up on a no-fault system.

The workplace can be dangerous

You may find yourself wondering why businesses would agree to a no-fault system for workers comp, but the reasoning here is simply that this means they won’t have to face lawsuits from injured workers. They know that the workplace can be dangerous and that injuries are going to happen. By agreeing to cover the cost of those injuries, they can help to reduce some of the legal costs of this process.

That doesn’t mean that workers’ comp claims are never denied. They certainly can be — but they should not be denied simply because a worker injured themselves or made a mistake on the job. 

If you’ve been hurt in any way, especially if your boss has told you that you’re not going to be covered by workers’ comp laws, then it’s very important to understand all of your legal options. This process could get more complicated than you assumed, and you never want to leave the compensation that you deserve on the table. 

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