What if my work injury was partially my fault?

April 24, 2024 – Paul Hammack

South Carolina Personal Injury Lawyers | Hammack Law Firm | Call 864-326-3333

Injury accidents are a common occurrence on jobsites and in office settings across the country. When workers are hurt, they are often forced to seek medical treatment and rehabilitation that could sideline them from work for days, weeks, months, or longer, depending on the severity of their injuries

Fortunately, if your employer carries workers’ compensation insurance, their policy will be in place to cover you after an injury accident, even if you are partially or entirely at fault for your accident.

Workers’ compensation is a no-fault system, which means that you can receive benefits for your injuries, regardless of whether you, your employer, or another employee caused the accident. This important element of workers’ compensation offers you significant protection in many different situations as an employee; however, this also functions as protection for your employer. In this no-fault system, you cannot sue your employer after an accident, even if their negligence or carelessness ultimately caused your injuries.

It is almost always in your best interest to file a workers’ compensation claim after an injury at work, even if you were at fault or partially at fault in the accident. However, a key element to a successful workers’ compensation claim is proof that your injuries occurred at work and as a result of work-related activities. This means that you may not have protection for certain types of injuries, even if they occur at work. Injuries that are self-inflicted, the result of horseplay, or due to intoxication are eligible for workers’ compensation.

Self-inflicted injuries are not the same as injuries that are partially your fault. As an example of this distinction, consider a situation in which you are carrying a heavy object. If you lose your grip of on the object and it falls and injures your foot, you may be at fault for the accident. However, this is a risk associated with your normal work and you could still claim workers’ compensation. On the other hand, if you are carrying this object and intentionally drop it onto your foot, you may not have a valid workers’ compensation claim because your injury was self-inflicted.

After an injury at work, your employer’s workers’ compensation provider will review your claim and investigate your injuries to determine whether you qualify for benefits and how much compensation you are owed.

When your health and your livelihood is on the line, it is crucial to have an experienced workers’ compensation attorney on your side. The application process can be complicated, and you might find that your employer and their insurance provider may not be as cooperative as you might expect. Remember that insurance companies are not in the business to pay out claims, so having an attorney by your side might be necessary to force them to pay what you rightfully deserve.

The South Carolina workers’ compensation lawyers at Hammack Law Firm have the experience and skills necessary to guide you throughout this process. We are prepared to answer your questions and offer you legal advice, reducing the stress and confusion you experience during this difficult time. You need compensation after a work-related injury, so contact Hammack Law Firm at (864) 326-3333(864) 326-3333 today to begin work on your case.

Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.

To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 326-3333(864) 326-3333 for a free consultation.

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