Workplace accidents are complicated, and it's often difficult, if not impossible, to assign 100 percent of the blame to one party. In many cases, these accidents have multiple causes, and two or more parties will bear some responsibility. This can include the person who suffered the injury.
Fortunately, that won't affect your workers' compensation benefits. A workers' comp claim isn't like a personal injury claim in which fault plays a significant role. North Carolina's workers' compensation coverage is like no-fault insurance. In most cases, your benefits won't be affected even if your actions played a role in your injury.
Everyone makes mistakes. Sometimes those mistakes can contribute to an accident. The state of North Carolina does not believe you should be left destitute simply because you made a mistake at work and an accident resulted, leaving you with a significant injury.
Exceptions to No-Fault Workers’ Compensation
There are, of course, exceptions to every rule. When it comes to workers’ compensation, no-fault does not extend to injuries or accidents caused purposefully or through gross negligence. Under the intentional injury provision of the state's workers' comp law, if it's determined that you caused your accident in an effort to sustain an injury and earn benefits, your claim will almost certainly be denied.
While legitimate instances of workers’ compensation fraud are quite rare, even suspicion of a false claim can result in a delay of much needed benefits. This is just one of the many reasons you need an experienced workers’ compensation lawyer on your side as soon as possible following your workplace accident. Our Raleigh workers’ comp attorneys will work to ensure you receive the benefits to which you are entitled in the fastest and most direct way possible.
If you live in Charlotte, Greenville or surrounding communities and need an experienced workers' comp lawyer, please contact White & Stradley, PLLC online or by calling 919-844-0400 to schedule a free case evaluation at our Raleigh location. If your injury prohibits travel, one of our North Carolina workers’ compensation attorneys can meet with you over the phone and in some cases may be able to come to your location to discuss your rights, your options, and the best way to secure the benefits you are entitled to.