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Does fault matter in workers’ compensation claims?

On Behalf of Ellis Law Offices LLP | Feb 15, 2024 | Workers' Compensation, Workplace Accidents And Workers' Compensation

All employers must carry workers’ compensation for their employees. However, many employees wrongly believe that they cannot make a claim if they caused the accident. Understanding your rights may equip you to fight for the benefits to which you are entitled.

You can still get benefits if you are at fault

Work accidents happen all the time due to careless mistakes. As workers’ comp follows a no-fault rule, the cause of your accident should not affect your eligibility for benefits.

Even if you are partially at fault, you may seek help if you suffered injuries while on the job. To secure your benefits, meet the filing requirements and follow all procedures.

Although the process should be straightforward, you may still face challenges. The insurance provider may argue that you cannot recover compensation because you were partly at fault for the accident. If you encounter such obstacles, consider consulting an attorney. They can help you file an appeal or represent you in court if necessary.

Willful misconduct are not careless mistakes

If a simple oversight, such as forgetfulness, caused your injuries, you may still receive benefits. However, workers’ comp may not cover injuries that result from doing something dangerous on purpose. A few examples are using illegal drugs, harming another employee or destroying company property.

Fighting for your benefits

There are many reasons why the Department of Industrial Accidents (DIA) might deny your claim. Talking to a lawyer may provide you with insights and a better understanding of your legal options. A lawyer can be a strong ally as you stand up for your rights.

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Ellis Law Offices LLP Massachusetts Personal Injury Lawyers

Worcester Office

33 Pleasant Street Suite 2
Worcester, MA 01609

Phone: 508-762-4334
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