Can I File for Workers' Comp if the Accident Was My Fault?
Experienced Mississippi workers' compensation attorneys explain your rights.
We'll be frank: Yes. In general, Mississippi workers who are injured on the job due to their own errors are still usually eligible to file for workers' compensation benefits.
Here's why: Mississippi workers' compensation is a no-fault benefits program that compensates workers who are injured or made ill due to working conditions. Benefits pay for related medical expenses and a percentage of lost wages, among other things. Because it is "no-fault," you do not have to prove negligence to collect benefits.
However, there are some exceptions to this rule that should be mentioned. Here's what you need to know.
What are some examples of exceptions to the no-fault workers' compensation rule?
When you are hurt at work, workers' compensation benefits are there to help you and your family. No matter who was at fault in a work accident, you can apply for workers' comp. It makes no difference who caused the accident; all that matters is that you were on the job at the time.
However, if you were injured while engaging in unsafe behavior, such as refusing to wear proper safety equipment, your workers' compensation claim may be denied because you engaged in "willful misconduct" or putting yourself in a dangerous situation where you are likely to be injured.
Even though workers' compensation is a no-fault system, your workers' comp claim may be denied because your employer believes the work accident was caused by gross negligence or deliberate disregard for safety rules.
Furthermore, if it is determined that the accident was caused by on-the-job alcohol or drug use, your claim may be denied. Your claim may also be rejected if you intentionally injured yourself or were injured in a fight you initiated.
Common types of work accidents and injuries
Nobody goes to work expecting to get hurt, but accidents happen daily, leaving many employees with life-altering wounds.
Car, truck, and large vehicle accidents are among the top causes of employee injury. Some professions are at a higher risk of being injured in a car accident at work - couriers, DOT workers, construction workers, and more. Other times, employees are injured in car accidents while traveling for work-related purposes. It is worth noting that, in most situations, commuting is not covered by workers' comp.
Other types of work accidents resulting in injuries that are typically covered by workers' comp include:
- Being struck by equipment.
- Exposure to harmful substances or environments.
- Fires and explosions.
- Falls, slips, trips.
- Overexertion and bodily reaction.
All of these events can cause severe injuries to workers. Some of the most common worker injuries are eye injuries, hearing loss, fractured bones, concussion, internal bleeding, nerve damage, back pain, torn tendons and ligaments, shoulder and neck pain, amputation, spinal cord injuries, and burns.
Find out if you qualify for workers' comp in Mississippi
Tabor Law Firm, P.A., is a leading Mississippi workers' compensation and work injury law firm that takes pride in fighting for injured workers. We understand how insurance companies work within this system. We know how to shut down attempts to undervalue your injuries and pay you less than you deserve.
Were you injured in a Mississippi work accident that was your fault? Are you unsure whether you can file a workers' comp claim? At no cost, we can let you know if you have a case and answer your workers' comp and work injury-related questions. In addition, our legal team can estimate the value of your claim and help you decide what to do next. Don't delay. Contact us right now for a free case consultation.