Steps For Determining Employee Liability for Personal Injury

In essence, without a workers’ compensation program implemented or required in a given company or jurisdiction, employees are liable for their own injuries until they prove otherwise. In reality, filing claims under workers’ compensation programs allow injured workers to recover compensation without proving fault or going through the courts. However, there are instances where an employer may contest a workers’ compensation claim on the grounds that an injury was not work-related or that the injury was caused by the employee’s own negligence or gross misconduct. Furthermore, certain employers do not carry workers’ compensation coverage, and in turn, until the injured worker proves in the courts that their employer is liable for their injuries, the injured worker is responsible for their own damages.

Reasons that May Mitigate Employer Liability for Workers’ Compensation Claims

In most work-related injury cases, an employer is responsible for the damages caused by these injuries to their employee. However, certain instances may severely mitigate an employee’s ability to recover compensation for injuries on the job, including the following scenarios:

From a legal perspective, although state and federal laws will widely vary on applicability to a given company, certain employers are not legally responsible for damages sustained by their workers. To hold an employer liable in these instances, a worker must file suit against their employer.
Certain actions taken by an employee may mitigate the liability of their employer and result in denied workers’ compensation claims. These often revolve around gross negligence of an employee prior to an accident or injury, which may include intoxication or being under the influence of illicit or licit substances.
Certain instances of work-related injuries may also prevent a employee from recovering damages in workers’ compensation programs if the employee refuses to adhere to the protocol outlined by their employer or their employer’s workers’ compensation provider.
Certain instances where an employee compounds or worsens their injuries outside of the workplace may also result in the employee being held liable for his or her own injuries.

Getting Legal Help with Employee Liability and Injury Claims

In reality, each injury or workplace accident may revolve around a varied proportion of employee liability for his or her injuries or the injuries of other workers. State workers’ compensation laws widely vary, and in turn, the determination of a given workers’ compensation program whether a given employee is at fault for his or her own injuries will also widely vary. If your claim is disputed or if your employer does not carry some form of workers’ compensation coverage, consult with a lawyer to learn more about your legal rights and options following a workplace-related personal injury.

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