On-the-job injuries can be caused by almost anything in a workplace: Faulty
equipment, unsafe sites, and a lack of safety oversight by an employer
are all factors that frequently contribute to work accidents. Employer
negligence, in particular, is often blamed for work accidents. But in
employee negligence is at fault — either the negligence of a coworker, or
of the injury victim themselves.
Workers’ compensation insurance is intended to provide benefits to
employees who are injured in
most work-related accidents. There are some exceptions, and whether the circumstances
of a particular case qualify for workers’ compensation can be evaluated
by our attorneys.
If a Coworker Caused the Injury
To recover workers’ compensation benefits, proving fault is not necessary.
The baseline requirements involve proving that the injury was work related,
and finding a responsible party is not required. Even if a party other
than the employer (such as a coworker) caused an on-the-job accident,
victims can still be eligible for benefits.
Accidents Caused by an Employee’s Own Actions
Accidents that occur because of employee misconduct are specifically prohibited
from workers’ compensation eligibility. While the definition of
“misconduct” can vary among different companies, and will
vary between cases, there are some situations that almost uniformly exclude
injury victims from recovering benefits: Incidences in which fighting
or intoxication were involved are two examples.
Outside of cases in which gross misconduct is a factor, workers’
compensation insurance should cover the expenses that result from a work
injury — even if the employee’s own negligence can be blamed.
However, an insurance provider could use employee negligence as a basis
for denying a claim. It is important to hire an experienced workers’
compensation attorney to evaluate the details of your case and represent
you throughout the claims process to protect your rights. Contact the
Law Offices of Wax & Wax if you were injured on the job.
Call 818-946-0608 or use our
contact form to schedule a free consultation with our legal team.