Gaining Compensation When a Work Accident Was Your Own Fault
May 27, 2021
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. A Construction Accident Lawyer New York offers from a law firm like Polsky, Shouldice & Rosen, PC could help you get a better idea of what your legal options might be.
