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Am I Eligible for Workers Comp If I Am At Fault for an Injury?

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Am I Eligible for Workers Comp If I Am At Fault for an Injury?

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It may come as a surprise, but did you know that, if you are injured at work in Georgia, you are entitled to workers’ compensation - even if you are at fault for the injury?

In the state of Georgia, workers’ compensation laws are considered “no fault,” meaning that even if your own negligence is the cause of injury, you can still collect benefits. Workers’ compensation laws in the state grant automatic coverage of all injuries that arise out of and in the scope of your employment.

But what does it mean to be in the scope of your employment? Essentially, as long as you are doing something that is to the benefit of your employer, any injuries that arise are covered under workers’ compensation law. For example, if you are driving a forklift at work and you accidentally knock over a shelf, causing a heavy object to fall and strike you, you would be covered under workers’ comp law.

What Should I Do Immediately Following a Workplace Injury?

It can be embarrassing and uncomfortable to report an accident to a supervisor when you feel that the accident was your fault. However, it is important to be accurate in your reporting. If you are not accurate, any inaccurate statements about the injury can be used against you in your workers’ comp proceedings.

It is also important to choose your words carefully, especially if there is even a slight chance that it could be argued that you were acting outside of the normal scope of your employment when an injury occurs.

After an injury occurs, you should document the incident thoroughly. Write down as much as you can remember about the accident as soon as you can. Take pictures of your injuries and if possible, the accident site. Report exactly what happened to your employer as well as your doctor - the facts will eventually come out and it is best for your credibility and for your claim if you are honest from the beginning.

If you are worried about what to say to your employer or doctor, an attorney can help you make sure that you don’t say anything damaging to your claim.

What Do I Do If My Claim Is Denied?

It is an unfortunate truth that many workers’ comp claimants have their claims denied the first time, even in cases where it is clear that a claim is legitimate. This can leave the injury victim in a world of pain and financial uncertainty. That is why it is important to speak to a workers’ compensation attorney any time you suffer an injury on the job. Speaking to an attorney costs nothing and is risk-free, but the information you can learn from your attorney is incredibly valuable.

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