Every job comes with certain risks. Workers in the home remodeling sector need protective gear and appropriate training to avoid lead and asbestos exposure. Deli workers need training on how to safely use slicing machines that can cause severe lacerations or even the amputation of fingertips.
Thankfully, regardless of an employee’s profession, they may be eligible for workers’ compensation benefits if they get hurt on the job. Workers’ compensation provides two key forms of support for injured professionals. Employees can file claims seeking medical benefits that pay for their treatment. They may also be eligible for disability benefits if they must miss work or move to a different position because of their medical conditions.
In some cases, workers may question whether an employer’s failure to train them or safety violations might affect their eligibility for benefits. How might such oversights affect workers’ compensation claims?
Fault usually does not affect benefits
The good news for workers handling the aftermath of an on-the-job injury is that workers’ compensation is a no-fault system. Workers do not need proof that their employers failed to train them, improperly maintained equipment or did not provide safety gear. They only need clear evidence that their medical condition is a product of their job responsibilities.
Similarly, workers do not have to worry about losing their eligibility for benefits because they are partially at fault for an incident. If a lack of training results in a timing error or a worker handling a piece of equipment inappropriately, they are still eligible for workers’ compensation benefits. Fault also does not affect the duration of benefits or the amount of compensation that workers receive.
There are certain exceptions to no-fault rules. In cases where employees violate safety standards by engaging in a prohibited act while on the job, their actions could diminish their likelihood of obtaining workers’ compensation benefits. Even then, the worker must have been aware of the employer’s prohibition of the act, and the employer likely needs to consistently enforce its rules prohibiting that act.
Those questioning what benefits they can secure and how to handle potential conflict related to a workers’ compensation claim may need assistance when they apply or support as they address the dispute with their employers. Learning about the basic rules that govern workers’ compensation claims can protect and empower employees who sustain injuries on the job.
