Workers’ compensation benefits are generally available for employees who get injured on the job, regardless of how those employees are injured. Employers are required to provide these benefits through a third-party insurer or a state agency that oversees workers’ compensation. Workers’ compensation is a no-fault system. Even if your accident was partially or fully your fault, you should still be covered through workers’ comp. If you were negligent or inattentive and made a mistake, you probably don’t have to worry about having your workers’ comp benefits claim rejected. However, there are exceptions to this rule. As a result, it is generally a good idea to speak with an experienced Bronx, New York construction injury lawyer in the wake of sustaining a job-related injury if you’re concerned that issues of fault could impact your case. The legal team at Polsky, Shouldice & Rosen, P.C. is highly experienced in worker injury claims and we’d be happy to clarify your options for you.
Horseplay at Work Probably Isn’t Covered
Horseplay, goofing off or messing around, whether you’re on the clock or not, probably isn’t covered under workers’ comp. If you are pranking another employee and get hurt in the process, you’re probably not going to get workers’ comp. Keep in mind that an innocent employee who gets hurt because of horseplay will probably be covered. A Bronx, NY construction injury lawyer can talk to you about your unique situation, if any horseplay was a factor in your accident. The extent to which goofing off contributed to your injury may impact your claim one way or the other.
Fights and Violence Won’t Be Covered
The person who throws the first punch in an altercation at work (unless that individual was defending a co-worker from immediate physical harm) probably won’t get workers’ comp benefits. It doesn’t usually matter what happened before the incident, what matters is who got physical first. This is one that the insurance company and attorneys may have to sort out to figure out what occurred and who started the fight.
Intentional Injuries Won’t Be Covered
Employees cannot stage accidents to get workers’ comp benefits. It’s actually considered fraud, which means you could be prosecuted for this, too. If you intentionally hurt yourself, it’s likely that you won’t get benefits under workers’ comp.
Can You Be Fired For an Accident You Caused?
The general rule is that your employer cannot fire you for filing a workers’ compensation claim. You are allowed to receive benefits under workers’ comp without concern about termination. But, your employer can fire you for taking unnecessary risks or not complying with safety requirements. Because the two events are sometimes connected, it is a fine line. This may be something you want to discuss with a Bronx, NY construction injury lawyer who can advise you on your legal rights in the state where the incident occurred.
If you are having trouble getting benefits under workers’ compensation, it might be advisable to speak to a Bronx, NY construction injury lawyer who can help you take the best steps for your situation.