Can an Employer Deny a Workers Compensation Claim if You Were at Fault?

If you get hurt on the job, it is not necessarily always an accident. The expression accident suggests that nobody is at fault for your circumstance. A large number of work injuries are caused by a mistake, oversight, or other issues. This implies that they could be considered at fault and the injury could have been avoided if they acted with greater care.

A chef asserting with a dishwasher may look from their job and badly cut themselves. Someone operating in an assembly line in a factory might unintentionally bypass an important step involved within their own job, leading to a serious injury, such as a devastating injury to their hands.

If you were partly or completely to blame for the scenario where you have been hurt at work, do you lose out on your ability to claim workers’ compensation benefits?

Florida Workers’ Compensation is a No-Fault System

Many sorts of liability insurance policies concentrate on fault. In an auto accident, the individual who causes the wreck is the one whose insurance covers medical bills and property damage brought on by the accident. Even medical insurance might occasionally look at liability, refusing to cover your claim if you were able to submit a claim against somebody else’s insurance, for instance.

Workers’ compensation in Florida is a no-fault insurance policy. You don’t need to demonstrate that your employer had been negligent or committed any wrongdoing. You also don’t need to verify that you are entirely innocent in the circumstance.

Even when you cut off your finger or slipped after you spilled your drink on the ground, you have the right to create a claim for both medical benefits and disability benefits in the event that you can’t work due to your injury. If your employer is trying to avoid passing your claim to the insurance provider, you have the right to directly file your claim with them.

Exemptions to the No-Fault Rule

There are a few scenarios where someone may not be able to receive workers’ compensation benefits.

People breaking the law when they are injured might not have the ability to claim rewards. The exact same is true of accidents that don’t occur when you are on the clock and at work. If you were at your place of work after hours or performing a task outside of your job description, you may be unable to receive workers’ compensation.

If drugs are found in your system after a work injury you may be barred from recovering work injury benefits. In any situation, even if it’s your mistake or neglect that resulted in your injury, you probably be able to seek workers’ compensation benefits before you go back to work.

Get Help Now

You can rely on our experience to help you through each step of the claims process.