What Happens If The Injured Employee Is Partially At Fault?

Workers’ compensation is a no-fault law, which means that even if an accident was the employee’s fault they are still entitled to benefits., Benefits include compensation for medical bills, lost wages, and permanent benefits in the event that the injury has long-term effects. A no-fault system means that in exchange for a guarantee of benefits the employee may not sue the employer for negligence. The bedrock of the Workers’ Compensation Act is that with an injury on the job the employee does not have to prove that it was the employer’s fault nor can the employer prove it was the employee’s fault in order to avoid paying benefits.

However, there are safety rule violations which can cut down benefits, such as intoxication by illegal substances at the time of the injury or willful violations of an employer’s safety rule. Under such circumstances, the injured employee’s benefits can be reduced by 50 percent. There is also a safety rule violation exception that might apply in certain situations. For example, if a delivery driver was breaking the law by not wearing a seatbelt at the time of the injury, or if an employee refused to follow policy regarding the use of eye protection in a manufacturing facility, then the employee’s benefits can be reduced by 50 percent.

Does An Injured Worker Have To Be At The Physical Place Of Employment To Qualify For Workers’ Compensation?

An injured worker does not have to be at the physical place of employment in order to qualify for workers’ compensation. In fact, they don’t even have to be in the same state or country. When an employee enters into an employment contract in the state of Colorado and then travels anywhere outside of the employer’s location and sustains an injury while in the course of job-related duties, they are entitled to workers’ compensation benefits.

Who Are All The Possible Liable Parties In A Workers’ Compensation Case?

The typical workers’ compensation case involves someone who works for an employer and is injured on the job while working for that employer. The party who is injured is referred to as the claimant, and the employer and the employer’s insurance carrier are considered the respondents. In some cases, a third party might be involved. For example, if a delivery driver was sitting at a traffic light when a third party rear-ended them, then the delivery driver might have two claims: one with their employer for workers’ compensation, and a second against the negligent third party who caused the accident. When an injured worker files a lawsuit against a negligent third party, that worker must take into account the interests and the money spent by the workers’ compensation insurance carrier, which is called subrogation.

For more information on Partial Fault Of An Injured Employee, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 420-8080 today.