Workplace injuries can be caused by a variety of omissions or errors, and in some cases, a victim may feel as if he/she is responsible for the accident. However, even when an employee shares blame for an injury, they can still receive worker’s compensation benefits for the reasons listed below.
Worker’s Comp is a No-Fault Concept
The American worker’s compensation system is one of the trade-offs. When an employer pays for a worker’s injuries, the worker agrees not to hire a Workers Compensation Attorney in Melbourne FL to sue the company. Although states set up their own guidelines, they all function in a no-fault capacity. Therefore, the question of responsibility for a workplace accident is not a factor when considering a worker’s eligibility for worker’s compensation benefits. Even if a worker is at fault for an accident, he or she may be eligible for compensation.
Some Types of Misconduct Can Render a Worker Ineligible
Worker’s compensation systems are set up to favor the employee in most cases, but if a worker is at fault in a certain way, he or she may not be eligible to receive benefits. For instance, being under the influence of drugs or alcohol at the time of an accident can keep a person from getting worker’s comp. Some courts have ruled that even if a person is on a work-site, a drunken accident may not be covered under a company’s worker’s compensation policy. In a similar way, horseplay or fighting that leads to an on-the-job injury may not be covered. These benefits aim to compensate an employee for a work-related injury; if the person’s misconduct is determined to be far outside the scope of his/her job, subsequent injuries might not be covered.
Hire an Attorney Right Away
Workplace accidents can have lasting effects, and determining fault isn’t always as easy as it seems. Regardless of a person’s culpability in an on-the-job accident, they may still be able to get worker’s compensation benefits. After a work injury leaves a person unable to do his or her job, they can count on a Workers Compensation Attorney in Melbourne FL with the firm of Matheson, Horowitz & Devonmille to explain their legal options and provide advice throughout the claims process.
