Workplace injuries and accidents are caused by a variety of errors, and in some cases, the victim may be partially or entirely to blame. Most accidents occur due to a combination of preventable mistakes on employees’ and supervisors’ parts. However, the American worker’s compensation system can still provide benefits to an at-fault employee, for the reasons listed below.
Worker’s Compensation is a No-Fault System
The US worker’s compensation system is based on a trade-off. The employee won’t hire a Work Injury Lawyer in Burlington VT and sue the employer if they pay for workplace injuries, regardless of fault. Although states are responsible for their own worker’s comp guidelines, they are in effect no-fault policies. As in many other workplace injuries, an employee’s negligence is not a barrier to receiving benefits.
Some Types of Misconduct Can Prevent a Worker From Receiving Benefits
While the system favors the compensation of employees, there are some types of fault which can preclude a worker from receiving benefits. For instance, being under the influence of alcohol or drugs may result in a claim denial. In a similar way, horseplay and fighting that causes an injury may lead to a worker’s comp claim being denied. These benefits are given to compensate workers for on-the-job injuries, and if a person’s misconduct is outside the scope of his or her job, any subsequent injuries may not be covered.
Temp and Casual Workers
If a person is a temp or casual worker, their coverage depends on whether they’re classified as an independent contractor or employee. Salespeople can be put into either class depending on their level of independence from the employer. Generally, if the employer withholds taxes, a person is regarded as an employee. However, if the company tries to treat someone as a contractor in order to deny worker’s comp benefits, the victim should consult a Work Injury Lawyer in Burlington VT.
Work injuries can cause lasting effects, both physical and economic. Regardless of fault for a workplace accident, a victim may still be able to receive worker’s compensation benefits, and an attorney with Website URL can explain the options for recovery.
