After you have sustained an injury at work, you may believe that you can simply file worker's compensation claim and that you will receive compensation for your injury with no questions asked. However, there are some circumstances where your employer might argue that he or she is not responsible for your injuries because of the situation in which you became injured.
There is no such thing as partial fault under worker's compensation because employees are entitled to compensation even if they are careless. However, there are certain actions that are considered to be outside the scope of normal work-related activities and lead to the claim being rejected.
If your employer has reason to believe that you purposefully inflicted your own injuries, such as if you deliberately misused a piece of equipment with the goal of later making a personal injury claim, you may have your worker's compensation claim dropped. Therefore, you will need to work carefully with a worker's compensation attorney who can help you explain how your situation unfolded to clarify that you did not intend to experience your injuries. Also, whether your own misconduct can be used as evidence that you caused your injuries varies from state-to-state.
When there was evidence that you were intoxicated when you experienced an injury, this could be used to deny your worker's compensation claim. Therefore, you will want to determine why you were considered to be intoxicated. For example, if you were tested for your blood alcohol level, you may want to investigate whether the results of the alcohol test were credible. If your employer simply suspected that you were under the influence, you could deny this allegation.
Horseplay Or Fighting
If there is evidence that you were engaged in fighting or horseplay, especially if you provoked it, this can be used to deny your worker's compensation claim. You will need to either prove that you were not engaged in horseplay or that you would have suffered your injuries regardless of whether you were. You're especially unlikely to make a successful worker's compensation claim if your horseplay was discouraged by your employer.
Regardless of the situation leading to your injury, you will want to work directly with a worker's compensation attorney. There are small mistakes you can make that can cast doubt on your claim, such as not telling the exact same story the second time around. Therefore, you will want to relay the facts of the case with the help of your attorney. For more information, visit http://www.ieworkerscompattorney.com.