Am I Still Covered By Workers’ Comp If the Injury Was My Fault?
Most Oklahoma employees show up to work every day and give their best efforts, but accidents can occur even to the most careful employee. A common misplaced concern is that workers’ compensation insurance doesn’t cover your injury expenses if the injury was your fault. Fortunately, workers’ compensation in Oklahoma is a no-fault insurance system designed to protect both employers and employees by covering workplace injuries regardless of fault.
An Oklahoma workers’ compensation attorney can tell you more about your right to compensation based on the individual circumstances of your case.
Understanding Fault in Oklahoma Workers’ Compensation Claims
Workers’ compensation insurance protects both the employer and their employees. The employee has a crucial safety net through a workers’ comp claim, which pays for their medical expenses and a significant portion of their lost wages (70% in Oklahoma) after a workplace injury. It also protects the employer from personal injury lawsuits when an employee suffers a work-related injury. Nearly all employees in Oklahoma are covered by workers’ compensation insurance, since the law requires employers to carry it. Exceptions apply only to family member employees in small businesses and to independent contractors.
In order to be an effective safeguard for both employers and their employees, workers’ compensation claims do not consider fault. However, if an employer’s actions were egregious or malicious, or the accident was caused by a defective product or a non-employer’s actions, such as from a negligent contractor, the injury victim may also file a fault-based personal injury claim for additional compensation.
Common Workplace Accidents In Oklahoma
Accidents and injuries are more prevalent in some high-risk industries, including construction, roofing, agriculture, and manufacturing; however, an injury can occur even in a plush office environment. In fact, slip-and-fall injuries are the most common cause of injuries in workers’ compensation cases in Oklahoma and elsewhere, and they can happen anywhere. Other common workplace accidents that could be the fault of the employee, a coworker, or faulty equipment include the following:
- Falls from heights
- Repetitive motion injuries
- Electrocutions
- Struck-by injuries from falling objects or moving equipment
- Caught-between injuries
- Fires and explosions
- Toxic exposures
- Transportation accidents
Workers’ compensation insurers do not consider fault in the above cases, except for rare exceptions under specific circumstances.
What Are the Exceptions to the No-Fault Rule for Workers’ Compensation In Oklahoma?
If a workplace injury results from an employee’s intoxication or illegal drug use, workers’ compensation may deny coverage for the employee’s injury. Similarly, if an employee starts a fight, roughhouses, engages in criminal activity that causes an injury, or suffers an intentionally self-inflicted injury at work, workers’ compensation may deny their claim.
Why Do I Need a Workers’ Compensation Attorney In Oklahoma?
Despite the no-fault rule in workers’ compensation claims, the process isn’t always straightforward. A successful claim requires compelling evidence that the injury occurred in the workplace or during the scope of the employee’s work duties. A claim also requires meticulous filing details and careful adherence to time limits and deadlines, or the result can be a claim denial. Workers’ compensation may also dispute the necessity of your time away from work or other financial aspects of your claim. An Oklahoma City workers’ compensation attorney maximizes your chance of a successful claim and pursues all available avenues for the full compensation you deserve.