PA Workers Comp: Am I at Fault for My Injury?
As we mentioned in one of our recent posts, 5 Ways Your Employer Will Try To Get Out Of Your Workers' Comp Claim, many employers will try to pin the blame of a workplace injury on the injured person.
This is a tactic employers and insurance companies use to bully employees into not filing a workers’ compensation claim. However, in most cases, fault does not play a role in whether or not someone is entitled to Pennsylvania workers’ compensation. But, often, when a person feels at fault for their own injury, they begin to have second thoughts about whether or not filing for workers’ compensation is the morally right thing to do.
We cannot stress enough that, regardless of fault, most injured workers are entitled to Pennsylvania workers’ compensation. However, even if you THINK your injury was mostly your fault and, as a result, are not filing for workers’ compensation, you could very well be wrong. Below are a few questions you can ask yourself if you are trying to determine whether or not you are fully at fault for your workplace injury.
Did my employer provide thorough training?
Poor training is one of the most common causes for injuries in the workplace. Were you made aware of all safety procedures and exits? Were you shown safe and proper techniques for all of the tools you are required to use on the job? When employers make sure their employees know how to safely perform their work, the chances for on-the-job injuries are greatly reduced.
Were all tools and safety equipment in good condition?
It’s your employer’s responsibility to make sure that all machines and other devices are maintained and safe to use. All equipment should be regularly inspected for worn out parts. You employer should also make you fully aware of all the types of safety equipment you should be wearing and should also remind and force all employees to wear it.
Were there any tools left out(?) that you tripped over?
Were there any tools left you that you tripped over? Was there a spill on the floor that caused you to slip? Were you given ample room to safely perform your job with good posture? These are all questions you should consider when determining whether or not an injury was your fault. It is the responsibility of your employer to make sure your environment is safe to work in.
Were you forced to work in unsafe weather conditions?
When the weather fails to cooperate, some tasks should be saved for a different day. Working in dangerous temperatures, both cold and hot, can be extremely risky. So can working in different types of precipitation such as rain and snow. If your employer forced you to work in any type of weather that played a part in your injury, you are definitely not at fault.
Remember, injured workers’ are entitled to Pennsylvania workers’ compensation regardless of who is at fault for their injury. However, you should keep in mind that, in most cases, the injured person is not fully responsible for their injury.
If you have been injured on the job and answered yes to any of these questions, you may be entitled to Pennsylvania workers’ compensation benefits. If you live in the Harrisburg, State College, or Wilkes-Barre area, contact PaWorkersCompHelpNow at (717) 234-2402 for a free consultation.
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