Does Fault Play a Role in Workers’ Compensation Eligibility?
Workers’ compensation insurance is designed to protect both employers and their employees in the event that someone is injured on the job. Each state has its own coverage requirements, and companies that do not abide by them can find themselves in serious financial trouble.
In the state of Louisiana, for example, nearly all public and private employers are required to purchase workers’ compensation insurance. They can do so by turning to an authorized insurance company that has been licensed to sell such policies. Once they purchase coverage, they must provide proof of the policy to the Office of Workers’ Compensation Administration, or they will face various fines and penalties.
Purchasing such coverage may seem like just another operational cost, but at the end of the day, it is a sound investment. Workers’ comp is designed to protect businesses from lawsuits when their employees are hurt while performing job-related duties.
These benefits also protect injured employees who might otherwise struggle financially while they are recovering from injuries. Securing the benefits that you deserve is rarely a straightforward process, though, and hurdles are likely to arise along the way.
If you were hurt at work and you want to apply for benefits—or you already submitted a claim but it was denied—contact Laborde Earles Injury Lawyers. Our legal team will review the details of your case and help you determine the best way to proceed. Call 800-522-6733 to schedule a free consultation with a personal injury attorney in Marksville.
Does Fault Play a Role in Workers’ Compensation Eligibility?
According to the Louisiana Workforce Commission, fault does not typically play a role when it comes to eligibility for workers’ compensation benefits. Thus, you should theoretically be able to file a successful claim regardless if you or your employer was responsible for the incident that caused your injuries.
In most cases, the circumstances of the accident do not matter as long as it occurred within the scope of your employment. Of course, this rule is like any other in that it has exceptions, and in this case, they typically apply to egregious misconduct.
For example, if impairment played a role in the accident or you intentionally hurt yourself in order to collect benefits, you will not be eligible for workers’ compensation benefits. Likewise, your employer will not have protection from a personal injury lawsuit if your injuries were the direct result of their intentional misconduct or egregious negligence. Willfully violating safety standards set forth by the Occupational Safety and Health Administration is just one example of egregious negligence.
If you were hurt at work but your employer’s insurance provider is not working with you, contact Laborde Earles Injury Lawyers. A compassionate personal injury lawyer in Marksville will respond to every one of the insurance company’s requests on your behalf. Call 800-522-6733 to schedule a free case evaluation.
