Can I still receive workers’ compensation benefits if the accident was my fault?


Worker’s compensation can be difficult to understand and can be something that is hard to get paid out. Without the right help and an attorney on your side, it can be incredibly hard to get the settlement you need. If you are injured as a result of a work-related accident, you are entitled to compensation no matter what.

Can You Still Get Worker’s Compensation if the Accident was Your Fault?

As simply as possible, yes, you are still entitled to worker’s compensation even if you were at fault for the accident. Generally, worker’s compensation is a no-fault system that does not require that fault be laid with any one party in order to pay out. You do not have to have any sort of proof that you were not at fault or that the company you are working for was at fault.

With worker’s comp, the real purpose of this system is to make sure that any worker that is injured can get the money they need to live and to heal even though they are not working. Worker’s compensation is in place to help those that are injured at work no matter who is at fault or what conditions might have been met when the accident occurred.

Though you are more likely to get a swift outcome if you were not at fault, as many companies want to settle things early and not worry about having to deal with potential court dates, you can still get compensation even if you were at fault for the incident.

What do You Need to File a Claim?

No matter who is at fault you do need to have a few things in hand to help make the case faster and make it a bit easier overall. The first thing you need is a report of the accident. This is going to help establish that you were injured at your place of work and not somewhere else. It is important that you do take the time to prove that the accident happened at work and not at home or other places, this is going to help ensure that the case is going to qualify for the worker’s compensation claim.

You also want to have any doctor’s information that proves you sought medical help and that you did in fact need medical help to get better and that you were not able to go back to work or do things normally. It can be difficult to get these papers but when you do go to a doctor to get treatment, you want to keep records of this so that it can be filed and so that it can be well documented.

You will want to make sure that your paperwork is filed properly and that you are represented legally if you are going to take it to court or if you feel that there might be some issues with your claim and with it coming to fruition. An attorney is going to be able to help you fill out the pertinent forms, get the information and the proof that is required, and they are also going to act as a support system through the entire process.

Most worker’s compensation claims do take a few weeks if not a few months to resolve and be closed. This does not mean that you are not doing well or that you are not likely to get a settlement. Worker’s compensation is an insurance company after all and it does take time for the claim to be evaluated, to be seen and checked, and to make sure that the claim is valid and can be paid out.

The right attorney is going to be able to help you through every step of the process and make things a bit easier and a bit less stressful as a whole. With the right help you can breeze through the paperwork at hand, you can understand just what proof and evidence you need, and you can get your case ready and reviewed in no time. It is always a good idea to get the help of a lawyer as it is going to make things easier and a bit less stressful for everyone involved. It also offers a go-between so that you do not have to deal with the insurance company directly and you can instead relax and focus on getting better and getting back to work eventually rather than worrying about what is going on and how things are going to proceed.

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