People fall at work for all kinds of reasons. Maybe you work at an elevation because your job involves washing windows or construction. Perhaps there is a steep staircase in your office building and you simply lost your balance one day. Workers can even get injured in slip-and-fall scenarios when somebody else spills a cup of coffee on the floor.
Falls can cause numerous different types of worker injuries, including brain injuries, spinal cord injuries and broken bones. Falls can result from environmental factors outside of the control of an individual employee or can sometimes be the fault of the worker, such as when they rush, wear the wrong shoes or get distracted on the job.
Can your employer blame you for falling and try to deny you workers’ compensation benefits?
Fault does not usually influence workers’ compensation cases
The good news for someone recovering from a fall on the job is that personal fault very rarely influences someone’s eligibility for benefits. Workers’ compensation is a no-fault benefits program.
Workers do not need to show that their employer did something wrong, and allegations of mistakes by a worker will not automatically prevent them from getting benefits. In a situation where a worker falls and gets hurt, the only time personal culpability might prevent someone from getting benefits would involve them coming to work while under the influence of drugs or alcohol. A worker’s contribution to their own fall will not prevent them from securing benefits later.
What if you face opposition?
There are appeals and reviews possible for workers facing challenges when trying to secure workers’ compensation benefits. In a scenario where your employer tries to blame you for your injuries, you may need support while navigating the claims process. Attorneys can be useful advocates for those facing a challenging workers’ compensation claim, including a scenario where an employer wants to deny benefits.
In fact, any worker with a significant injury may benefit from legal representation when making a claim, as the process can be very stressful and hard to manage while also coping with the consequences of a recent injury. Learning more about the rules that influence whether or not you receive workers’ compensation benefits can help you pursue a claim when you get hurt on the job.