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Will a worker get benefits if they caused their work injury?

On Behalf of | Mar 27, 2023 | Workers' Compensation |

Workers in Texas get hurt on the job for all kinds of reasons, many of which are outside of their control. They might fall or get into a car crash while on the clock. They can get cut by tools or burned by equipment. Heavy machinery, other employees and environmental factors can all be the underlying cause of someone’s injury.

In many cases, an employee will be at least partially to blame for their own injury. They may have misjudged the distance while swinging a hammer or dropped a heavy piece of equipment that broke a bone in their foot. They may have been the one who made a mistake in traffic and caused the crash that occurred while they were on the clock. As a result, many workers understandably worry about whether their missteps while working may prevent them from qualifying for workers’ compensation benefits in Texas.

Fault is rarely a factor in worker claims

In the vast majority of cases, workers’ compensation benefits in Texas operate on a no-fault basis. It does not matter if the employee made a mistake that led to their injury, and a worker will not have any burden of proof to show that their employer somehow caused their injury.

Workers can get benefits that will replace their lost wages and cover their treatment expenses even when it is perfectly obvious that they caused the injury through some kind of mistake. The only time when an employee’s actions might eliminate their eligibility for benefits would involve substance abuse or someone intentionally injuring themselves to claim benefits.

In either scenario, the employer would be the one with the burden of proof to establish that the worker’s actions eliminated their eligibility for benefits.

Workers facing pushback may want professional help

An attorney can make a big difference during a workers’ compensation claim. They can help a worker understand their rights and what amount of compensation would be appropriate given the situation. They can also handle all of the paperwork and negotiations so that the worker can avoid that stress.

The more complicated and contentious a claim is likely to become, the more important it will be to seek professional guidance. Securing legal support during a workers’ compensation claim can significantly benefit an employee who trying to support themselves after an injury.