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Gaining Compensation When a Work Accident Was Your Own Fault

Construction Accident Lawyers

One of the neat things about workers’ compensation is that it doesn’t matter whose fault the accident is; you’re still protected. If you were injured on the job and it was due to your own mistake, you can still receive compensation through this type of insurance. While this is the rule, there are some exceptions, so it’s important that you understand the difference.

True Accidents, Forgetfulness, and General Negligence

Accidents happen and your employer understands that. The state workers’ compensation board understands it, too, so if you make a mistake and are injured while working, it’s typically not going to be held against you. If you are working on a production line and you can’t remember an exact process, you could be injured as a result, and workers’ compensation should cover that injury. If you see that a particular floor is wet, but you choose to tiptoe across it, and you are injured as a result of your own stupidity, you are typically still covered.

Overexerting Yourself

There are hundreds of jobs that require physical exertion, but oftentimes, employees overexert themselves. You could overexert by adding too many hours to your workday, lifting more weight than you are used to lifting, or pushing too hard when you are tired at the end of a workweek. Overexertion is something you typically take on yourself, and it can cause several different health issues, but many of them qualify you for workers’ compensation.

Misconduct and Gross Negligence

There are some situations that won’t qualify you for workers’ compensation if it is your fault. The issue isn’t necessarily faulted, but the specific actions that led to your injury. Injuries caused by misconduct in the workplace or gross negligence are often dismissed and not paid for through workers’ compensation.

An example could include an injury that was acquired by someone who was working under the influence of drugs or alcohol. If the employer can prove that substance abuse directly caused the injury, the employee would probably forfeit the right to compensation. If the injury would have happened whether or not the worker was intoxicated, he or she might still have a right to compensation.

Another example would include someone participating in horseplay at work. Especially if there are clear rules about horseplay, and if your boss or manager specifically asked you to stop, but you continued and were injured, you would probably not receive compensation.

Workers’ compensation is a huge benefit for employees when they are injured while at work. And if you work at a construction site and endured a work accident that might have been your own fault, you could still have a chance to receive compensation. Construction Accident Lawyers in New York from a law firm like Polsky, Shouldice & Rosen, PC could help you get a better idea of what your legal options might be.

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.