Does Negligence Matter In A Workers’ Compensation Case?

In most personal injury cases, proving negligence or fault will be an essential aspect of earning an award. After all, if you are the one to blame for your own injuries, should someone else have to pay compensation? However, not all injury cases are viewed in the same light, and that’s particularly true when it comes to workers’ compensation. So how does negligence or fault factor into the equation when building a workers’ compensation case? We take a closer look at the role of negligence in today’s blog.

Negligent For Your Own Work Injury

In the vast majority of workers’ compensation cases, it is completely acceptable for the employee to hold some or even the majority of fault for their work injury. For example, let’s say that a worker was changing a light bulb by standing on a ladder. They climb onto the top rung of the ladder, lose their balance and fall. Ultimately there is nobody to blame for the work injury other than the worker. This would matter in a personal injury lawsuit, but it doesn’t matter when it comes to workers’ compensation.

That’s because the burden of proof in a workers’ compensation case is much lower than in a standard personal injury lawsuit. To be eligible for workers’ compensation, a worker only needs to prove that injuries exist and that they developed as a direct result of their job duties, regardless of any negligence that may have occurred on the part of the employee. Workers are a protected class, and therefore if injuries arise during the course of your employment, odds are they are compensable, even if you were the reason the accident happened.

However, we did note that negligence does not matter for the vast majority of workers’ compensation cases, meaning that there are some cases where fault absolutely does matter. Two instances where fault does matter and can render you ineligible for compensation is if you intentionally caused your own injuries, or you were under the influence of drugs or alcohol at the time of the accident, and this impairment was the driving force behind your injuries.

Intentional injuries are not eligible for compensation and you may even find yourself facing criminal charges for attempting to commit insurance fraud. Being under the influence of drugs or alcohol doesn’t automatically render you incapable of collecting compensation, but if that same employee in the above example fell off the ladder because they were drunk, the insurance company could make a compelling case to deny benefits.

Finally, we do want to touch on another scenario where negligence does significantly matter during a workers’ compensation case. If it turns out that negligent actions by an employer contributed to your injuries, you may be able to collect a much bigger injury award.

For example, let’s say that your employer failed to have equipment serviced at proper intervals, and a preventable malfunction ended up contributing to your injuries. Negligence on the part of your employer directly led to your injuries, and this is a major problem. Not only can you collect compensation for your injuries, but you may be able to collect additional compensation as a result of their negligence. Your employer has a duty to protect the health of their employees, and workers’ compensation judges oftentimes come down harshly on employers who are negligent to this duty.

Regardless of whether you suffered a standard work injury or employer negligence played a role in your injuries, you absolutely need a lawyer by your side if you are considering filing for compensation. We will ensure your rights are protected and that you get every penny you deserve. For more information on how we will help prove your injuries and secure a compensation award, or to talk with a lawyer to see if you have a valid injury claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.