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M H Law Matheson and Horowitz injury and disability lawyers
772-571-4109
  • Home
  • About
    • Edward G. Matheson
    • Michael K. Horowitz
    • Our Professional Staff
  • Practice Areas
    • Workers’ Compensation
    • Social Security
    • Social Security Disability
    • Veterans Affairs
  • Results
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Trial-Ready Lawyers: Courts And Insurers Take Our Clients’ Cases Seriously

Edward G. Matheson and Michael K. Horowitz
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  5. Can you be denied workers’ comp because you caused the injury?

Can you be denied workers’ comp because you caused the injury?

On Behalf of Matheson and Horowitz | Feb 5, 2022 | Workers' Compensation |

Workers who are injured on the job generally try to seek workers’ compensation. This is a type of compensation that can cover part of the wages they lose while they’re out, along with paying for the medical care that they need. The idea is simply that they were injured in the employment of the business, so the business, through its insurance policy, is going to help them with that injury.

This all makes sense in a situation in which the injury is random or just a product of the type of work the person is doing. But what if you caused the injury yourself? Can you then be denied workers’ comp? 

This is not a reason for denial 

You’ll be glad to know that you should not be denied workers’ comp just based on you causing your own injury, as the workers’ comp system is essentially a no-fault setup. 

The problem with blaming workers is that it would be very difficult to determine who was injured because they were doing a difficult and dangerous job and who was injured because they made a mistake. Does a worker who accidentally touched a saw blade on a construction site deserve compensation because they were working around dangerous power tools, or should they be denied because they touched the blade themselves? By making it a no-fault system, you remove all these sorts of questions, and any injured workers can seek the benefits that they deserve. 

As such, if you have been injured on the job, you can see how important it is to understand the law and the options you have.

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