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Can workers still request workers’ comp if it was their fault?

On Behalf of Christian Ayers
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In many injury cases, such as car accidents, fault is very important. The at-fault driver is typically responsible for the injuries and cannot try to seek compensation for their own injuries. They caused the crash, so they cover the costs.

People sometimes take this mentality to other areas of the law. For instance, a worker who leans over to reach something and falls off of a ladder may know that they caused the fall. It’s common knowledge that you should never lean to the side while on a ladder, but they did. Since the fall was their fault, they assume they cannot seek workers’ comp.

But is that actually how these laws work? Never assume all injury cases are the same.

Workers’ compensation is a no-fault system

The truth is that fault does not matter at all in workers’ comp claims, which operate under a no-fault system. Employers prefer this because it limits lawsuits that directly target them. Workers benefit because they can get compensation to cover the costs if they’re hurt on the job. That compensation can include lost wages, medical bills and much more.

That doesn’t mean that there are no exceptions. For instance, a workers’ comp claim may get denied if the worker was using illegal drugs or otherwise breaking the law when they were injured. And there are cases where companies contest that injuries happened at home, not on the job.

But the important thing to note is that fault doesn’t matter for a valid on-the-job injury claim. If you were at work and got injured in the course of your employment, even if you made a clear mistake that you regret, you still can qualify for workers’ comp benefits. You do not have to look at this like a car accident, where the liability falls on the at-fault individual.

Do you need to file for workers’ comp?

If you have been injured and you’re trying to decide what to do, you must know all that you can about the workers’ comp system, the legal steps you’ll need to take and how to get everything you deserve. Having an experienced Charlotte work injury lawyer on your side for help.