Injured warehouse worker holding ankle

Can You Claim Workers’ Comp Even If You Caused The Accident?

You’re at work, using heavy machinery when your hand slips. You seriously injure yourself, but you’re reluctant to tell your employer and file a workers’ comp case. This happens far too often because so many Kentucky workers don’t know whether they can claim workers’ comp even if they caused the accident.

Your Rights

Kentucky is a no-fault state for workers’ comp. That means no person or organization needs to be held responsible for a workplace injury.

In Kentucky, you have a right to file workers’ comp regardless of whether you were partially or fully responsible for your injury as long as you were injured while doing something that was in the scope of your employment. For example, it might be more difficult for a forklift driver to secure compensation if they were injured while doing electrical work.

That said, if you have been injured at work, you have a right to seek compensation. Not only is this the law, but there are a variety of other factors at play that could affect your case.

For example, you may believe that you caused an injury, but the employer may have indirectly contributed to the accident through improper training, lacking safety equipment, or negligent maintenance of machinery. These are all factors that can come into play and could potentially have an impact on your workers’ compensation case.

Remember, if you are injured at work, you are entitled to compensation.

One Caveat

While you can file a workers’ comp claim even if you caused the injury, there is one caveat. You may not receive compensation if you purposely injure yourself.

If you’re ever in a position where you have suffered a workplace injury and your employer accuses you of hurting yourself on purpose, you should consult an experienced workers’ compensation attorney immediately.

If you’d like to schedule a free case consultation with an experienced Kentucky workers’ comp attorney who will work tirelessly on your behalf, don’t hesitate to send us an email or call (270) 423-0023.

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