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Do I have to prove my employer is responsible for my injury?

On Behalf of | Nov 16, 2022 | Workers' Compensation |

On Behalf of | Nov 16, 2022 | Workers' Compensation

The workers’ compensation system is no fault. This means that you do not have to prove that your employer was responsible for your injury.

However, not having to prove fault does not mean you can make any claim. You still must meet the requirements under the law to receive workers’ compensation benefits.

Where and when the injury occurred

To get workers’ compensation benefits, you must suffer an injury at work and during the course of your work duties. If your injury occurs on the way to work or after work hours, then you likely will not be eligible for benefits. Coverage extends to only time you are on the clock and doing work for your employer.

How the injury happened

As long as you are working at the time of the injury, you usually can get coverage. But there are some exceptions. Your employer does not have to provide you coverage if you were under the influence of drugs or alcohol at the time you got hurt. If you had a pre-existing condition that led to the injury, then it also does not have coverage. Mental injuries are only covered if you also had a physical injury that led to the mental issue.

Adhering to filing requirements

You also need to properly file your claim and be sure you adhere to all the requirements within the workers’ compensation system. Make sure that you understand the filing requirements and follow them completely. If you fail to file correctly, you may have your claim thrown out. The only option then would be to take your employer to court for a personal injury claim and to do that, you would have to prove fault.

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