Most employees can rely on workers’ compensation if they get hurt on the job. Regardless of the industry, the level of experience the worker has or the cause of a workplace incident, workers’ compensation can help cover their lost wages and pay for their medical expenses.
So long as the medical condition directly stems from a person’s employment, they may be eligible for no-fault workers’ compensation benefits. It does not matter who caused the incident. Workers have the same right to benefits if they are at fault as they do in scenarios where their employers are at fault. However, there are few unusual scenarios in which employees may find that fault diminishes their eligibility for benefits, with the three below being among the most common.
1. Being impaired on the job
Drug and alcohol testing is standard during a workers’ compensation claim. If a worker fails a test and an employer can show that intoxication caused the incident that left them hurt, they may not be eligible for benefits.
2. Intentionally harming themselves
Perhaps the worker has an underlying medical condition they can’t pay to treat. Maybe they want time off, but management won’t give them permission. Workers might stage incidents and hurt themselves intentionally, which can make them ineligible for workers’ compensation benefits.
3. Violating company policies
Employers often have strict standards regarding safety and how workers comport themselves on the job. Documented violations of company policy that lead to injuries can potentially lead to disputes about the worker’s eligibility for benefits.
In scenarios where employers could counter a benefits claim with allegations of fault, employees may need help. Working with an attorney can make it easier for people to understand the workers’ compensation system and apply for the benefits that they require.