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Can You File A Workers’ Comp Claim If You’re Responsible For Your Work Injury?

Getting involved in an injury at work can happen anytime, affecting over 100,000 New Yorkers yearly. Thankfully, the state has strict workers’ comp laws that ensure almost every injured worker receives fair compensation for medical expenses or other damages. However, would you still be eligible if you were directly responsible for a workplace injury? Learn more about New York’s workers’ comp laws and see if you can still file a claim.

Can You File A Claim If You Were Responsible For The Accident?

New York’s workers’ compensation system operates under a no-fault policy, meaning you don’t need to provide proof that anyone was responsible for your incident. Your employer’s insurance company is still responsible for your work-related injuries, regardless of whether you caused them. If your claim is successful, you can receive weekly cash payouts and have any injury-related medical treatment reimbursed.

When Would You Not Eligible For Workers’ Comp?

While New York’s workers’ comp system covers most situations, there are a few exceptions where you won’t be eligible:

Being Under The Influence

You might not be eligible for benefits if there’s proof that you were under the influence during a workplace accident. Even if the state doesn’t mandate drug tests, many employers will require one when you file a claim. In most situations, failing one will complicate your case if that’s the only cause of the accident. But if you can prove that it happened for other reasons, such as not receiving proper safety equipment, you still may qualify for compensation.

Physical Fights With Co-Workers

If you get hurt, fighting with your co-worker or someone else at your company would not qualify for workers’ compensation benefits in most instances. Workers’ compensation covers injuries directly connected to your job. If your fight resulted from something outside of work, this is considered a personal matter that wouldn’t qualify for benefits. However, workers’ comp laws will cover you if you can demonstrate that the altercation you had with the other employee was work-related.

Deliberate Injuries

Every industry has a specific set of safety regulations workers need to follow. However, if an employee ignores the rules and intentionally harms themselves, an employer can use their actions against them in court. Intentionally injuring yourself will also be seen as misconduct by the courts, which can lead to your benefits getting denied.

We Will Help You Get Compensation For Your Damages

New York has reasonable workers’ comp laws and a no-fault system that covers most injuries. However, there are a few notable exceptions that won’t be covered. If you’re still unsure whether you’d qualify for benefits, one of our professional workers’ compensation lawyers will review your case. We have decades of experience helping workers build a strong claim and win the benefits they’re entitled to. Please call us at 855-208-9438 or contact us online if you have any questions or want to schedule a trial consultation today.

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