Sometimes, when you get hurt, you are partially responsible. When a person filed a personal injury claim, their own fault for an incident could affect what compensation they receive. Comparative liability or contributory negligence can limit someone’s financial recovery after a crash or similar incident leaves them in desperate need of compensation.
Injured workers may worry about whether their contributions to their injury on the job will limit their right to workers’ compensation benefits. If your employer can show that you were at fault, can they deny your claim for workers’ comp?
Wisconsin uses a no-fault system for workers’ compensation insurance
Under Wisconsin’s law, workers’ comp insurance is a no-fault program. A worker neither has to show that they were not at fault nor that their employer was to receive benefits. They only have to show that their medical condition is the direct result of the job that they do.
If you are a chef who cut off one of your own fingers because someone shouted your name from across the kitchen, you can still get medical and disability benefits. Even though you held the knife and it was your mistake, that mistake is one of the risks that comes with your job. The same is true for those who get hurt in a manufacturing setting or while lifting a patient in the hospital.
Your personal fault on the job won’t affect your right to workers’ compensation benefits unless your employer can show that you broke the law or were under the influence of drugs or alcohol at the time of the incident. If you’re having difficulty obtaining benefits to which you believe you’re entitled, it may be wise to talk with an experienced attorney.
