Need to Prove Fault to Collect Workers’ Compensation?

Do You Need to Prove Fault to Collect Workers’ Compensation Benefits?

Workers’ compensation insurance is the type of insurance coverage that gives benefits to employees who have sustained injuries or gotten sick due to their employment. The majority of employers are required under the law to provide workers’ compensation benefits for their employees.

Workers’ comp coverage kicks in when a worker gets hurt or falls ill while doing their work duties and/or at work. Its primary purpose is to pay employees benefits that they can utilize for their medical treatment, rehabilitation, and missed income.

Workers whose injuries or illnesses result in permanent or long-term disability may likewise be given disability benefits. Death benefits are also available for workers who died as a result of a work injury.

Employees Don’t Need to Prove Fault to Collect Workers’ Compensation Benefits

Workers’ compensation insurance law is designed as a compromise between employees and employers. Under the system, workers benefit because they won’t need to prove their employer’s negligence to be able to collect benefits for their workplace injuries. This is known as the no-fault insurance system, which also applies to Florida auto insurance requirements.

Employers also benefit from this system because it limits their liability for accidents that happen in the workplace, and employees could only collect a limited amount of compensation under workers’ comp. Workers can’t also sue their employers for negligence, although there might be exceptions, depending on the specific circumstances of the workplace accident. 

While you don’t need to prove that your employer’s fault or negligence, you must, however, prove that an employee-employer existed when the workplace accident occurred and that the accident and your injury occurred while you were doing your work duties.

The amount of benefits you receive from your workers’ comp claim shouldn’t also be affected by any potential negligence or carelessness on your part. You could, however, lose your right to claim benefits if the injury occurred because you were:

  • Drunk or drugged
  • Trying to injure yourself or others
  • Engaging in gross negligence or misconduct
  • Blatantly ignoring the safety measures in your workplace

For example, if you were horsing around with a co-worker or intentionally misusing or playing around with dangerous equipment, you might be prohibited from recovering workers’ comp benefits since you participated in a banned or dangerous activity.

Talk to an Experienced Port St. Lucie Workers’ Compensation Lawyer Today

Getting hurt at work could be scary and overwhelming, and since each workers’ compensation insurance claim differs from one case to another, you can’t compare your case to that of someone else who has gone through the claims process. But understanding your rights and being prepared can help ensure the success of your claim.

We understand that you are dealing with a lot of things at once. The Port St. Lucie workers’ compensation lawyers of Rosenthal, Levy, Simon & Sosa can make the workers’ compensation claims process as easy and smooth as possible. To learn more about your workers’ compensation claim, fill out our online contact form or call 561-478-2500 to arrange a free consultation with our Port St. Lucie workers’ compensation lawyer today.

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