Here’s a common question we hear in worker’s comp cases: “But what if it was my fault?”
And many people are surprised by the answer: “It probably doesn’t matter.”
Worker’s compensation law is designed to be a no-fault system. That means workers are protected no matter who was at fault in an injury accident. Injured parties are entitled to benefits such as medical and rehabilitation expenses, lost wages, or other compensation no matter who caused a workplace injury.
The takeaway is that you don’t have to prove liability, you must only prove that your injuries make you eligible for benefits.
But it’s important to be aware of certain limitations that protect employers:
- The injury can’t be intentionally self-inflicted.
- The injury must have occurred at the workplace. You can’t be injured elsewhere and make a claim against your employer.
- Behavior that would have gotten you fired under normal circumstances, such as brawling or drinking on the job, is not protected.
So no matter whose fault it is, if you’ve sustained a debilitating workplace injury or illness such as a repetitive motion injury, a bone fracture or even exposure to toxins such as black mold, you’re entitled to recover worker’s compensation benefits.
If you’re having trouble with a worker’s comp claim, your best option is to find a reputable law firm, such as PPA to help you fight. We have two of only 11 worker’s comp specialists in the state of Idaho and our consultations are always free. Contact us at our offices in Idaho Falls, Twin Falls or Burley.