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Can you be compensated for work injuries if you were at fault?

On Behalf of | Jan 14, 2022 | Workers' Compensation

Kentucky workers’ compensation insurance is meant to compensate employees for damages suffered in a workplace accident. In exchange for compensation, you typically cannot sue your employer for your injuries.

But, what if you were forgetful or made a mistake that caused the accident? Will you still be compensated if you were at fault for your injuries in some way?

You can still get compensated for work-related accidents that were your fault, but not always.

Is getting workers’ compensation guaranteed?

Getting worker’s compensation benefits is never guaranteed. Insurers may try to deny your claim for several reasons, including because they think your injuries are your fault. For example:

  • If you were intoxicated at the time of the accident: It doesn’t matter whether you were at fault or not. Being drunk or high on drugs may disqualify you from claiming compensation benefits. 
  • If you were guilty of gross negligence: If you failed to take safety measures despite the obvious risk of danger, it might also lead to a denial.
  • The injuries were non-work-related: If you were fighting or engaging in activities unrelated to your work, you might be denied workers’ compensation, even though you were at your site of work.

Know your rights

If you have been injured on the job, it is necessary to understand the steps to take to secure adequate compensation. Making errors in reporting or filing may harm your eligibility or reduce the amount of compensation you receive. Getting help to file increases the chance of success the first time and can help you appeal if the insurer denies you.