Unlike a car crash case, or slip and fall lawsuit, Worker’s Compensation claims do not require that the injuries are a result of anyone’s “fault.”
In other words, you can be a klutz and still collect comp! Herndon workplace injury lawyer Doug Landau has helped many disabled construction laborers who simply tripped over equipment, work tools, and/or supplies. The Worker’s Compensation Act in most states simply requires that there be a sudden accidental injury in the course and scope of the individual’s employment.
The law in many states also requires that the injured worker not be guilty of a willful violation of safety rules. For example, if you show up to the job drunk and get hurt, then the insurance company could deny the case and a judge may find that the violation was of a known and enforced safety rule which will bar any recovery.
However, clumsy workers, sloppy workers, and even negligent workers can still collect Worker’s Compensation benefits under Virginia law even if they only have themselves to blame for their permanent injury! If the boss tells you that you cannot get compensated because the accident was your fault, then you should certainly get experienced legal counsel right away. You should not give any taped or written statements to anyone without speaking to legal counsel first since “anything you say can and will be used against you.”
It is a common misconception among employees in dangerous industries, like construction, trucking, and deliveries, that if the accident is their fault in any way then they will not receive coverage for their medical bills, medications, and lost wages. However, lawyer Landau knows that fault is not a part of the Virginia Worker’s Compensation law, and therefore the injured laborer, construction worker, and driver CAN collect their full Worker’s Compensation benefits.
If you or someone you know has been injured at their workplace, and there are questions as to the laws that may apply to help them, please e-mail or call us (703-796-9555) at once.