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EMD Blog

Fault in a Workers’ Compensation Case

Erwin, McCane & Daly | Tuesday, February 07, 2017

Unlike other accidents, when it comes to workers’ compensation cases, no one party is at fault, due to the way the workers’ compensation laws were designed. The only thing that matters in these cases are that the employee was injured at their workplace, or became ill due to their workplace.

However, there are exceptions to most every rule, including this one. An injured worker may forfeit their right to workers’ compensation benefits if their injury occurred as a direct result of:

  • Their being under the influence of drugs and/or alcohol when the incident occurred
  • The finding that the worker had the intent to injure themselves
  • The finding that the worker was trying to injure someone else, and ended up getting hurt in the process

Innocent mistakes do not count as an exception to the rule. These mistakes include accidents such as the worker:

  • Forgetting to use safety equipment
  • Accidentally leaving machinery on
  • Catching their sleeve in equipment
  • Falling from a height
  • Accidentally spilling chemicals or causing an accidental explosion

As always, workers should do their very best to abide by safety standards set in place at their workplace to avoid harm to themselves or others. If you find yourself in need of filing a workers’ compensation claim, contact Erwin, McCane & Daly for your free consultation.