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“Can I Still Receive Workers Compensation If the Injury Was My Fault?”


Workers’ compensation is a no-fault system, meaning that there is no need for determining liability to receive benefits.

There is a lot of confusion among St. Louis employees about how the worker’s compensation system works. Many think that if they got injured because they weren’t following safety protocols or made a mistake, they won’t qualify for workers’ compensation benefits. The truth is that this is rarely the case. 

Workers’ compensation is a no-fault system, meaning that there is no need for determining liability to receive benefits. Even if the injury was your fault, you are generally still eligible for workers’ compensation. However, there are some exceptions that we will discuss below. 

Injuries Caused By Mistakes or Negligence 

Work accidents can happen regardless of how careful you are and how closely you follow safety measures. But, even when the injury was caused by a mistake you made or because you’ve ignored safety procedures, you can still claim and receive workers’ compensation benefits under most circumstances.

As mentioned above, workers’ compensation is a no-fault system, and the main requirement to qualify for it is to prove that the injury was, in fact, work-related. If you got injured while on your lunch break or during your commute to work, then in most cases, you won’t qualify for workers’ compensation. But, if you were on your lunch break at the company’s cafeteria or you got injured while having a business lunch with a client, then you may have a case because these events are connected to your work and place of employment. 

If your employer tries to convince you that you don’t have a chance at receiving benefits because the accident was your fault, you should get in touch with a St. Louis workers compensation lawyer as soon as possible. This is just an intimidation tactic that employers use to discourage workers from filing a claim and keep their premiums low. 

How About Misconduct or Gross Negligence?

While you can still receive compensation if the injury resulted from an honest mistake, things are a bit different when it comes to gross negligence or misconduct. If you were under the influence of drugs or alcohol when the injury occurred or if you bluntly ignored safety protocol although you were aware of the risk, then you may have a harder time qualifying for workers comp benefits. 

There is a clear difference between general negligence and gross negligence. General negligence is simply a failure to exercise reasonable care, while gross negligence is conscious and voluntary disregard of safety procedures and rules. This distinction is essential because the employer or insurance company may use it to deny your claim.

How a Workers Competition Lawyer Can Help

If you were hurt while performing your work duties, get in touch with a St. Louis work injury attorney as soon as possible. They can help you understand the law and your rights and work to get you proper compensation for your injuries.

Updated: December 24, 2020
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