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CAN I RECEIVE WORKERS COMPENSATION BENEFITS IF MY INJURY WAS CAUSED BY MY OWN NEGLIGENCE

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Workers’ compensation benefits are generally available to employees who suffer injuries or illnesses arising out of and in the course of their employment. However, the question of whether an employee can receive workers’ compensation benefits if their injury was caused by their own negligence is a more complicated issue.

Each state has its own workers’ compensation laws and regulations, which can vary significantly. However, there are some general principles that can be applied to this question.

In general, workers’ compensation is a no-fault system, which means that fault or negligence is not a consideration when determining whether an injured worker is entitled to benefits. Instead, the focus is on whether the injury arose out of and in the course of the employment. This means that if an employee is injured while performing work-related duties, they are generally entitled to workers’ compensation benefits regardless of whether their own negligence contributed to the injury.

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However, there are some limitations to this general rule. One important limitation is the “intentional misconduct” exception. Most states exclude from workers’ compensation coverage injuries that are intentionally self-inflicted or caused by the employee’s intentional misconduct. This means that if an employee intentionally causes their own injury, or engages in misconduct that leads to their injury, they may be barred from receiving workers’ compensation benefits.

For example, if an employee intentionally jumps from a high platform at work and injures themselves, they may not be entitled to workers’ compensation benefits. Similarly, if an employee injures themselves while engaging in horseplay or violating safety rules at work, they may be barred from receiving benefits.

Another potential limitation on workers’ compensation benefits for injuries caused by an employee’s own negligence is the “contributory negligence” or “comparative fault” doctrine. Under these doctrines, an injured employee’s own negligence may reduce or eliminate their entitlement to workers’ compensation benefits.

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In states that apply the contributory negligence doctrine, an injured employee who was even slightly negligent in causing their own injury may be barred from receiving any workers’ compensation benefits. For example, if an employee ignores safety instructions and injures themselves as a result, they may be barred from receiving benefits.

By contrast, states that apply the comparative fault doctrine allow injured employees to receive workers’ compensation benefits even if they were partially responsible for their own injury. However, the amount of benefits they receive may be reduced in proportion to their degree of fault. For example, if an employee’s own negligence contributed to 50% of their injury, they may only be entitled to 50% of the benefits they would have received if they were not negligent.

It is also worth noting that some states have specific rules or exceptions that apply to injuries caused by an employee’s own negligence. For example, some states allow for workers’ compensation benefits to be reduced or denied if the employee was intoxicated at the time of the injury. Other states have exceptions for injuries caused by “horseplay” or other types of behavior that violate safety rules or company policies.

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In conclusion, whether an employee can receive workers’ compensation benefits if their injury was caused by their own negligence depends on a variety of factors, including the specific laws of the state where the injury occurred, the nature of the employee’s negligence, and the extent to which the employee’s negligence contributed to their injury. It is important to consult with an experienced workers’ compensation attorney to determine the best course of action in any given situation.


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