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Work Comp: My Employer Says The Injury Was My Fault

By Author: azworkcomp
Total Articles: 8

Whenever there is a workplace injury, someone is at fault. A co-worker may have spilled water on the floor, didn’t clean it up and you slipped and fell on it. Or someone did not properly place an object which fell on you.

But what if YOU are the one who caused the injury? Such injuries happen frequently. For example, a nurse gets injured while moving a patient alone.

Did you not follow all of the safety procedures? Were you moving too quickly and forgot to exercise caution?

Many jobs require employees to observe safety protocols. But sometimes, there may be no help available. The facility could be short staffed or the safety mechanisms may not be nearby. And, in the end, the employee had to violate policy due to the urgency of the work being performed.

You may ask whether such an injured worker is eligible for workers’ compensation. Those who are not familiar with the work comp law may think that such an employee is not eligible for workers’ comp because of the policy violation. But that is not true.
No-Fault Worker’s Compensation
The workers’ compensation system is a no-fault system. This means injured workers do not need to prove that the employer acted negligently or that the injury was the employer’s fault).

All the worker needs to show is that the workplace injury was the result of his/her job-related activities. The injury has to be because of your employment as well as ‘in the course of’ employment. This means the judge will look at the time, place, and situation of your work injury to determine if it was work-related.
Exceptions to the Rule
There are 3 situations in which an employee with a workplace injury may not be able to get workers’ compensation. The three situations are –

• Injuries caused because employee was intoxicated
• Self-inflicted, intentional injuries
• Fraudulent or misrepresented injuries

Remember that the facts of your specific case will determine whether you are entitled or not entitled to benefits.
Plan of Action
Once you have more information about the workers’ compensation system, you would know if there is a ‘red flag’ in your case, for example, if your employer claims you are at fault and you cannot get benefits.

If you have any concerns about your workers’ compensation claim or you have recently been injured at work, or you find a ‘red flag’ in your case, consult an experienced workers’ compensation attorney right away.

To consult the best Phoenix workers compensation lawyer, call Arizona Injury Law Group at 602-346-9009. Arizona Injury Law Group PLLC offers workers’ compensation attorneys who help injured workers seek benefits and justice and a voice standing up for you!

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