On the Job Injury Attorney – Queens
After a non-work accident, if it’s your fault, you normally cannot file a personal injury suit related to your injuries. If you cause a car accident, you can’t collect against another driver involved in the collision who is not at fault for the crash. However, fault is not ordinarily a significant factor in determining whether you can claim workers’ compensation benefits in the wake of a work-related accident. As a result, it is important to schedule a consultation with a Queens on the job injury attorney from Polsky, Shouldice & Rosen, P.C. as soon as you are injured while at work. Even if you are partially (or, in some cases – totally) to blame for your accident, you may still be entitled to collect workers’ compensation benefits.
Personal Injury vs Workers’ Compensation
In a personal injury case, if you are at fault for your injury, you cannot generally file a successful claim. In fact, most states require do not allow claims to be filed at all if the injured party is more than 50 percent personally responsible for the accident in question. When it comes to workers’ compensation, there isn’t a rule like this. In fact, you could potentially be more than half responsible for your injuries and still collect workers’ compensation. Unlike personal injury, there is no such thing as partial compensation or fault. You collect the entirety of workers’ compensation, not a portion of it. With that said, there are some exceptions to this general rule. A Queens on the job injury attorney can explore whether any exceptions apply to your situation under New York law.
Workers’ Compensation Rules
In most states, workers’ compensation covers employees for injuries that they suffer in the workplace. These rules are supposed to cover as many employees as possible. Workers’ compensation does not hinge on fault. In fact, most workers are allowed to collect, regardless of fault. Now, there are situations where a worker cannot receive workers’ compensation. These instances include:
- The injury is self-inflicted
- Alcohol or illegal substances are the sole cause of injury
For instance, a worker cannot harm him or herself and hope to collect benefits. The injury does have to be either an accident or as a result of the negligence of someone else.
Workers’ Compensation and Fault
When it comes to fault, there is a variety of instances where an employee may be at partial fault. If the employee is using company equipment or if the job is partially responsible for the injury, then he or she can still collect workers’ compensation with the assistance of a Queens on the job injury attorney. It has to be an injury that would not have occurred if the employee wasn’t at work or engaged in work-related activities. For instance, if a landscaper hurts him or herself with a lawn mower or wrecks a company car, they still may be able to collect. Even if alcohol is involved, as long as there are other work-related factors, workers’ compensation claims are valid.
If you suffer a work-related injury, then you may be allowed to collect workers’ compensation. it doesn’t matter if you are at partial fault. Even if you think you might have been at fault, it’s important to consider all of the factors. In order to obtain more information about your specific situation, please contact an experienced Queens on the job injury attorney today.