Maybe you forgot to make sure the ladder you were climbing was level before you stepped up. Or perhaps you were just distracted when you were walking across the factory floor, which is why you ended up tripping over an obvious hazard. Either way, you ended up hurt. Now, however, your boss is telling you that the accident was really your fault — and they’re hinting that you’re not really entitled to workers’ compensation as a result.
Is that true? Not at all.
Workers’ compensation was designed to be a no-fault system that benefits both injured employees (who would otherwise have to sue their employer to get any compensation for their losses) and the employers (because the benefits are limited). It also keeps the courts from being clogged with personal injury lawsuits related to workplace accidents.
There are some occasions where workers’ compensation won’t pay due to an employee’s mistake, but those are exceptions to the overall rule. For example, it’s not unusual for workers’ comp to be denied when an employee fails a drug test following their accident. Similarly, injuries that are a result of “horseplay” are usually not covered.
The vast majority of injured employees are entitled to workers’ compensation benefits — no matter what their employer may tell them. That won’t stop some employers, however, from trying to dissuade an injury victim from filing a claim. After all, a lack of claims helps keep those insurance premiums lower.
If you’re struggling to get your workers’ compensation claim approved or your employer is pushing back against your claim based on the idea that you should have been more careful, it may be time to seek some legal assistance.
Attorney Steven Morgan is local to the Brunswick, Georgia area. He takes each case personally. If you’d like to learn more about how you can assert your rights to workers’ compensation, call 912-289-0640.