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June 14, 2019

Workers’ Comp for Injuries That Are the Worker’s Fault

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Posted in Wisconsin Workers Compensation Related News

Workmans Comp Lawyer in Milwaukee, WI

Workers’ comp is a system that is in place to protect workers from workplace injuries. If a worker is injured, they have the right to receive complete compensation for all expenses related to the injury. Of course, workers’ comp is a little more complicated than that, and many people have a lot of questions about how it works. One of the most common questions is whether or not someone can still receive workers’ comp even if the injury was his or her own fault. This simple guide revolves entirely around answering that question and providing all the information you might need for your own workers’ comp case.

Qualifying for Workers’ Comp

You might be happy to hear that even injuries that you cause yourself are covered by workers’ comp. In nearly all cases, fault does not come up in workers’ comp cases at all. This is because the fault of the injury simply does not matter. Whether you caused the accident that injured you, or your co-worker caused it, or even your employer, the workers’ comp case will be the same.

It is important to note that being at-fault for the injury is not the same thing as causing the injury due to breaking the safety precautions in place at your work. If you were purposefully ignoring safety regulations and acting in a dangerous way, then you may not be able to qualify for workers’ comp. The laws surrounding workers’ comp vary from state to state, so you should research your own state’s laws.

It is also important to note that workers’ comp does not cover injuries that are determined to be intentional. Some workers purposefully injure themselves in order to receive compensation. This is fraudulent and illegal.

When Fault Matters

There is only one situation when fault matters in workers’ comp cases. If a third party causes the injury, then workers’ comp will not cover it. Instead, the injured party should receive compensation from the responsible third party, or file a lawsuit against that party if he or she refuses to compensate the injured worker. For example, if a pedestrian who is walking by a construction zone moves a piece of equipment to get by, and that piece of equipment rolls down a hill and injures a worker, then the pedestrian would be responsible for compensating the medical expenses. If this is the kind of situation you find yourself in, or you are having trouble receiving the compensation you are owed, then you should speak with a workmans comp lawyer in Milwaukee, WI.

Contact Hickey & Turim, SC for their insight into workers compensation claims and workers fault.

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