Can Carelessness Get Your Claim Rejected?By Kenton Koszdin on November 30, 2021 | In Blogs
Most workplaces have a health, safety, and environment department that makes workplaces as accident-proof as reasonably possible. However, regardless of the preventive measures taken, accidents can still take place. It is our responsibility to keep ourselves safe and ensure the safety of other employees working with us.
Sometimes carelessness can also lead to workplace accidents resulting in workers getting injured. Does carelessness make you ineligible for workers’ compensation benefits? Thankfully, no!
Although it is best to keep yourself safe in workplaces, workers’ compensation benefit is provided to the individual regardless of the cause of injury. You are entitled to receive medical treatment and income compensation for any injuries or damages that occurred while you were at your workplace.
However, intentionally putting yourself at risk and causing yourself harm can be viewed as “insurance fraud”. Insurance company representatives may argue that the worker deliberately put themself in danger and therefore may deny your workers’ compensation claim.
While workers’ compensation is a no-fault system, insurance companies may gather evidence in the form of security camera video recordings to reject your claim. Deliberate violations like not following weight lifting or working at height procedures, roughhousing, or rowdiness at the workplace are a few common examples that can prevent you from claiming your workers’ compensation benefits.
Similarly, if there are mandatory instructions or directions in place and you choose to ignore them, that can also be used as evidence to reject your benefit claim.
Being careless is one thing, and while it may be accepted when submitting your claim, intentionally putting yourself in a scenario that causes harm is different and will hinder your chances of claiming compensation benefits.
It is important to note that insurance companies and employers may be reluctant to pay workers’ compensation benefits; therefore, we strongly suggest engaging with a workers’ compensation attorney. These experienced lawyers have training and education in the handling of compensation cases. Moreover, they are responsible for guiding you through the filing and application submission process and even fighting for your case, if required.
At Kenton Koszdin Law Office in Van Nuys, we are on a mission to help those hurt on the job avoid becoming victims of companies and their insurance providers. Our expert attorneys will help your claim and navigate the application process for the best possible outcome for you and your family. Call 800.438.7734 for your initial free consultation.