Personal Liability And Workers’ Comp

Workers’ Compensation Lawyer

Workers’ compensation is a crucial system that provides benefits to employees who suffer work-related injuries or illnesses. In most cases, when an employee sustains an injury or illness on the job, they are eligible to receive workers’ compensation benefits regardless of who is at fault. However, there are certain circumstances where an employee may be liable for their own workers’ compensation injuries.

Here are some situations where this liability can arise:

1. Willful Misconduct: If an employee’s injuries are a result of their intentional and willful misconduct, they may be held liable for their own workers’ compensation injuries. Willful misconduct refers to actions or behaviors that knowingly disregard safety protocols or company policies, leading to injury. For example, if an employee deliberately removes a safety guard on a machine and gets injured as a result, they may be responsible for their own injuries.
2. Intoxication or Drug Use: If an employee’s injury occurs while they are under the influence of alcohol or illegal drugs, they may be deemed liable for their own workers’ compensation injuries. Most workplaces have policies prohibiting employees from working while intoxicated or under the influence of drugs.
3. Self-inflicted Injuries: In cases where an employee intentionally causes harm to themselves, they may be held responsible for their own workers’ compensation injuries. Self-inflicted injuries are not considered work-related, as they are outside the scope of employment. A lawyer, like a workers’ compensation lawyer from a law office like Ted A. Greve & Associates knows that workers’ compensation benefits typically cover injuries that arise out of and occur in the course of employment, excluding self-inflicted harm.
4. Horseplay or Violation of Workplace Rules: Engaging in horseplay or violating workplace rules can lead to injuries for which an employee may be held liable. If an employee’s actions deviate from the expected conduct in the workplace and cause harm, their eligibility for workers’ compensation benefits may be affected. Employers often have clear policies regarding appropriate behavior, and any violation of these policies can have consequences.
5. Off-duty Activities: Generally, workers’ compensation benefits cover injuries sustained while performing work-related duties. However, injuries that occur during off-duty activities or breaks may not be covered. For example, if an employee is injured during their lunch break while engaging in a non-work-related activity, they may not be eligible for workers’ compensation benefits.

It’s important to note that workers’ compensation laws and regulations vary by jurisdiction. The specific circumstances in which an employee may be held liable for their own workers’ compensation injuries can differ depending on the applicable laws in the relevant jurisdiction. Therefore, it’s crucial to consult with an experienced workers’ compensation attorney or seek legal advice to understand your rights and responsibilities in your specific situation.

While workers’ compensation benefits generally provide coverage for work-related injuries or illnesses, there are situations where an employee may be held liable for their own injuries. Willful misconduct, intoxication or drug use, self-inflicted injuries, horseplay or violation of workplace rules, and off-duty activities are circumstances where an employee’s eligibility for workers’ compensation benefits may be affected. When you are ready to work on your case or have questions, reach out to a trusted law office today.