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Can I Be Denied Workers' Compensation If My Injury Was Partially My Fault?

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Workers' compensation is a system designed to support employees who suffer from work-related injuries or illnesses, regardless of who is at fault. This no-fault system simplifies the process, allowing workers to receive benefits without the need to prove their employer's negligence.

It operates as a form of insurance, providing medical care, wage replacement, and rehabilitation services. The beauty of this system lies in its straightforward approach; it spares both the employee and employer from the lengthy and often contentious legal battles that can arise from workplace accidents. However, it's important to understand that while the system is generally independent of fault, there are specific scenarios where fault may still play a role, which we will explore further in this post.

Eligibility Criteria for Workers' Compensation

To qualify for workers' compensation benefits, there are several basic criteria that an employee must meet:

  1. The individual must be an employee, as independent contractors are typically not covered under workers' compensation laws.
  2. The employee must have sustained an accident arising out of and in the course of his or her employment or an occupational disease.
  3. The employee must have timely notified the employer of the work-related accident or occupational disease.
  4. There must be medical proof that the employee's injuries were caused by the work-related accident or occupational disease.

These fundamental requirements are designed to ensure that workers' compensation benefits are provided to those who truly need them, while also maintaining a fair and balanced system.

Exceptions to the Rule

Despite the no-fault nature of workers' compensation, there are exceptions where fault could influence the outcome of a claim. For instance, if an employee's injury results from their own intentional misconduct or intoxication, they may be denied benefits.

Additionally, injuries incurred while the employee is committing a crime or outside the scope of employment might not be covered. These exceptions serve as a reminder that while the system aims to protect workers, it also safeguards against fraudulent or unwarranted claims. Employees should be aware of these potential pitfalls when filing for workers' compensation.

Contact Our Caring Attorneys at Schotter Millican, LLP

At Schotter Millican, LLP, we understand the complexities of workers' compensation claims and the impact they have on the lives of New York workers. Our dedicated attorneys are here to guide you through every step, ensuring your rights are protected and your case is handled with the care it deserves.

If you or a loved one has been injured on the job and need assistance with your workers' compensation claim, contact us today. Let us help you secure the benefits you are entitled to and get back on the path to recovery. (718) 550-0610

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