Workers' compensation and possible worker negligence

Let's begin this blog post by looking at a hypothetical situation. An Omaha factory worker suffers a serious head injury when a box of equipment falls and strikes the employee. Despite numerous signs posted throughout the workplace instructing workers' to wear hard hats at all times, this worker failed to don the required safety gear. Is he or she still eligible to receive workers' compensation benefits?

The short answer is to the question above is, "Yes." American states, including Nebraska, do not typically consider employee fault when reviewing a workers' compensation claim. This is the price business owners and employers pay to avoid injury lawsuits filed by workers. However, the possibility of receiving a claim denial still exists.

We want to clear up any misconceptions you may have about workers' compensation claim denials. While possible negligence during your work tasks will not usually incur a denial, some employee actions may disqualify you from accessing these benefits.

For example, if you suffer injuries in a work accident while incapacitated by alcohol or drugs, your employer or the insurance company may deny your claim. Another common reason for a claim denial occurs when workers suffer injuries during a fight or when engaging in horseplay. Such denials occur because the injured worker was not performing his or her duties when the injury occurred.

Our lawyers want to encourage you to seek assistance for a claim denial, regardless of the reason behind the decision. In many cases, you and your attorney can prove that the circumstances surrounding your injury do not disqualify you from your rightful benefits. You can learn more about appealing a denial by continuing to browse the workers' compensation topics on our website.

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