Most direct-hire employees are eligible for workers’ compensation benefits if they get hurt at work. Workers’ compensation can also cover job-acquired medical conditions, including illnesses and repetitive stress injuries, such as carpal tunnel syndrome. Some employees may question whether they are eligible for benefits, as they may have played a role in the situation that left them hurt.
Does fault for an on-the-job injury affect workers’ compensation benefits?
Fault usually isn’t a concern
Workers’ compensation offers no-fault protection. Generally speaking, employees do not need to prove fault to be eligible for coverage. They also do not need to worry about losing benefits if their employers can show that they were at fault for their injury. When workers make mistakes on the job that result in an injury, they are still usually eligible for workers’ compensation benefits.
However, there are a handful of unusual circumstances in which employee fault can affect benefit eligibility. Those rare situations include:
- incidents caused by impairment
- employees injuring themselves on purpose
- intentional non-compliance with treatment plans
Employers usually request drug and alcohol tests immediately after a work incident. If an employee fails the test, their benefits could be at risk.
If people intentionally hurt themselves on the job to access treatment benefits or time off, that can also undermine their eligibility for workers’ compensation. Finally, in cases where employees refuse to undergo treatment that is necessary for their recovery, that could serve as a defense against the continuation of their benefits.
Anyone facing a potentially contentious workers’ compensation claim may need help understanding their rights. Learning about the rare circumstances when fault influences workers’ compensation benefits can help employees recognize when they may need be in particular need of legal and logistical support.