LAW FAQ: I was hurt at work in a freak accident that wasn’t really anybody’s fault. Does that mean I can’t get work comp benefits?
I got hurt on the job and it’s getting tough to pay the bills because I haven’t been able to work for a few weeks. I need some help, but my injury was a freak accident that wasn’t really anybody’s fault. Does that mean I can’t get work comp benefits?
No. Work comp benefits are available regardless of fault or negligence. In fact, you can receive work comp benefits even if a workplace accident is due to your own mistake.
That may or may not seem fair that employers are liable for claims regardless of fault; however, most employers are required by law to carry work comp insurance to cover such claims. Plus, there’s a trade off at play here. There are inherent risks involved with working, and the employer creates, controls and ultimately benefits from the work environment. Moreover, in exchange for covering all workplace injuries without regard to fault, the law provides a more limited amount of damages that may be recovered in the work comp scenario compared to a “normal” injury claim.
If you require help with an on the job injury claim, please call (901-372-5003) or Email us with questions and/or a free consultation.