Can I Still Get Workers’ Compensation If I Am Negligent?

If you have been injured on the job, you can pursue a claim for workers’ compensation benefits. While workers’ compensation laws are set by the state, workers’ compensation is pretty much the same across the country. Most employers are required to maintain the no-fault insurance coverage to protect themselves and their workers.

Workers’ compensation is a no-fault insurance coverage, which means that even if you are to blame for what happened, you are still covered by workers’ compensation if the incident happened while you were on the job. So, even if you were negligent and did not adhere to safety regulations, you are eligible for workers’ comp benefits.

Pursuing a Claim For Workers’ Comp Benefits

If you have been hurt at work, you should seek medical care right away. If it is an emergency, go to the nearest emergency room. If it is not an emergency, go to a medical provider on the approved list of workers’ compensation providers that is available from your employer.

Failing to go to an approved provider could result in a loss of medical benefits and leave you paying for your own medical care. You should seek care right away to improve your recovery odds and to show that you were injured while working.

You will need to notify your employer as soon as possible of your injury, so an accident report can be filed. You will need to give a statement to your employer regarding the accident and how you were injured, so it can be included in the accident report.

How Negligence Can Affect Your Employer

You cannot be terminated for filing a workers’ compensation claim, but many states are “right to work” states, which means you can be terminated for any reason. If you are negligent at work, putting yourself and others at risk, your employer has sufficient grounds for termination.

However, terminating you during an active workers’ compensation claim could cost the company even more. It could end up taking you longer to recover and find employment, so they will be paying out workers’ compensation benefits for a longer timeframe.

When you are on the job, you should try not to act in a negligent manner. You want to avoid accidents that could result in injury to you or others. However, even the safest workers can be injured while on the job.

Consult With a Workers’ Compensation Lawyer

If you are applying for workers’ compensation because of your negligence resulting in an accident that caused injuries, you should consult with a workers’ compensation attorney. Workers’ compensation attorneys work on a contingency basis, so you have nothing to lose.

Complete the Free Case Evaluation Form on this page, so you can have the details of your case reviewed by an attorney licensed in your state. A lawyer will review the details of your case and will then determine the best way to proceed with your claim. Because of the complexity of such claims, make sure you have a lawyer pursuing your claim.

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