If you contributed to your workplace accident, does it mean you are automatically barred from claiming workers’ compensation benefits? The short answer is no, and you probably still have a valid claim. Here is what you need to know.
Workers’ compensation operates on a no-fault system. Liability is not a decisive factor, and it does not matter who is responsible for the workplace accident. Therefore, you do not have to absolve yourself of blame or demonstrate your employer was at fault to recover workers’ compensation benefits.
However, there are limitations. Your claim could be denied if your workplace accident occurred because you were under the influence of drugs or alcohol, engaged in willful misconduct or intentionally caused your injuries. Your employer or the insurance company can also challenge your claim if they believe your actions leading to the accident were grossly negligent.
Navigating the claims process
If you played a part in your workplace accident, notify your employer immediately, seek urgent medical aid and adhere to the treatment instructions. Be honest and transparent during the claims process and do not distort facts to suit your narrative; it could backfire and complicate your case.
Remember to document everything related to your claim. Keep detailed records of the events leading to the accident, your injuries, medical treatments and any relevant communication with your employer and insurance company.
Assert your legal rights
Your employer should not retaliate against you for filing a workers’ compensation claim even if you contributed to the workplace accident. Retaliatory actions, such as a dismissal, demotion or pay cut, are unlawful.
Seeking legal guidance can help you understand your options and protect your rights If your workers’ compensation claim is delayed, denied or disputed.