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You can cause a work accident and still get workers’ compensation

You can cause a work accident and still get workers’ compensation

On Behalf of | Sep 20, 2021 | Workers' Compensation

Working in some of the largest industries in Louisiana comes with major risks. Whether you work in a chemical plant, as a delivery driver or in agriculture, you could get hurt on the job.

Most people know that workers’ compensation insurance exists to protect workers from personal financial liability when they get hurt on the job. However, there are plenty of myths floating around out there about the right to workers’ compensation benefits.

For example, a surprising number of people think that workers’ compensation benefits are only available in limited circumstances. A worker might assume that they won’t qualify for benefits because they are the one ultimately at fault for their injury. Is this the case?

Workers’ compensation is a no-fault system

Whether you are a full-time, part-time or seasonal worker, your employer has to carry workers’ compensation coverage on your behalf. If you get hurt on the job or develop a work-acquired illness, you can make a claim against that coverage for medical care and disability benefits.

The coverage generally protects your employer from liability and claims brought directly against the company, and injured workers have the right to claim benefits even if they played a major role in their injury.

If you work on a fabrication line and dropped a tool on your foot, breaking several small bones, you can still receive workers’ compensation for those injuries. So could a chef who cut the tendon in their hand or a worker who trips and falls due to their own lack of coordination.  If you are a delivery driver and are “at-fault” in an auto accident, you are still eligible for worker’s compensation benefit if the accident took place while you were on the clock.

There are only two times when a worker may not qualify for benefits because of fault. Those under the influence of drugs or alcohol when they get hurt on the job may not receive benefits. The same is true in cases where there is evidence that a worker intentionally injured themselves.

You need to know your rights to get benefits

These myths about workers’ compensation don’t appear out of thin air. Some employers actively spread misinformation for even lie to injured workers to deter them from claiming benefits. It’s important that anyone working in Louisiana know their rights and be willing to stand up for them.

Learning about workers’ compensation in Louisiana will help you protect yourself if you get hurt on the job.