What If The Work-Related Injury Was My Fault?

So many Louisiana workers never get the help they need from workers’ compensation because they believe their injuries were their own fault. If you were hurt on the job and feel the accident was your fault, then don’t worry – you’re not alone. A lot of workers in Louisiana who have been injured at work look back at their injuries and see how they could have prevented them. The beauty of the workers’ compensation system is that it protects workers no matter who was at fault, or how they were injured, as long as it was in the normal course of their work duties.

Generally, the injured employee is entitled to recover workers’ compensation benefits regardless of fault. However, in limited circumstances, a worker cannot pursue workers’ compensation benefits. If an injury at work is due to horseplay, or the failure to use proper safety equipment, or due to the use of alcohol or drugs, then the employee may not be eligible for benefits.

An employer must accept an employee as they are, and if a payable injury exacerbates a latent physical condition such as an old back injury, then the entire disability is payable. It is sometimes difficult to predict whether the doctors or the court will determine that an accident caused an injury. Even where there is a claim that an accident made a pre-existing condition worse, the injured worker has the burden of proof to show this “aggravation.”

North Louisiana trust Fischer & Procell to find out more about your legal options. Schedule an appointment with one of our experienced workers’ compensation attorneys today for any case regarding workers compensation.