Episode 94: Calloway County workers’ compensation attorney Jeff Roberts answers an interesting question in today’s podcast, “Can I get workers’ comp benefits if it was my fault?”  Jeff has handled claims for workplace injuries for over 32 years throughout Kentucky.  This is a question he’s been asked several times.

Jeff begins by admitting that your ability to get workers’ comp benefits depends on the specifics of your situation.

Improper Body Mechanics

In this example, assume you have to lift a box or other item and you’re not using the proper technique to lift the heavy item.  As a result, you rupture a disk in your lower back.  The way you lifted the box or item has no impact you your eligibility to receive your benefits.  Using improper body mechanics also will not cause a reduction in the amount of benefits you could receive.

Jeff explains the history of the workers’ compensation system.  In the past, injured workers were required to prove the company was negligent and that negligence caused their injury.  If they were able to do so, there’s a chance the lawsuit could bankrupt the company.  Many actually did so.  Unfortunately, the injured worker received no benefits unless they won the case. 

As a compromise, companies and the workers agreed to a system that would enable medical benefits and other types of benefits to begin immediately, without the need to prove negligence on behalf of the company.  In return, certain claims, such as pain and suffering, were no longer available to be filed against the company.

Unlike a car accident claim, a workers’ compensation claim is not fault-based.  The injury must have happened during the normal course and scope of your employment, while you were working.

Some Actions May Block You from Pursuing a Claim or Could Result in a Reduction in Benefits

OSHA Safety Violations

If you violate an OSHA safety violation or an employer safety rule, and that causes your injury, your benefits are reduced by 15%.  For instance, if your employer requires you to wear a harness when performing a certain job.  Also assume they provide the harness and they commonly enforce the rule.  If all of those 3 factors are present, but you decide not to wear the harness and you get injured, you’ll still be able to file a claim, but your decision to violate the safety rule(s) will result in a 15% reduction in your benefits.

Remember, you are required to give notice to your employer that you were injured on the job. 

If the employer commits an OSHA safety violation, your workers’ compensation benefits can be increased by 30%.  The goal is to ensure employers comply with the safety regulations or face stiff penalties.

Jeff represents injured auto workers in Bowling Green. Injuries can occur around the assembly line.  

If a safety guard on a press or stamping machine is missing or was never installed, this type of injury is probably related to an OSHA safety violation. He’s represented people who were injured because the safety devices were removed for various reasons.  When Jeff attended Murray State University, he worked a press at the Briggs & Stratton plant. 

What if I Was Goofing Off at Work when the Injury Occurred?

Goofing off or what’s referred to as horseplay can have an impact on your ability to file a workers’ comp claim.  This is one of the common reasons Jeff is asked, “Can I get workers’ comp benefits if it was my fault?” 

Note, this penalty applies to the workers actively engaged in the horseplay.  If another worker in the area was injured as a result of a co-worker’s goofing off, that individual would still have the right to collect workers’ comp benefits.

What If I Was Trying to Hurt Myself?

Jeff explains that if you had a willful intent to harm yourself at work, and were subsequently injured, you would not be eligible for workers’ comp benefits, in most situations.  If the intent to harm results in the death of that employee, it may also disqualify the spouse and family from collecting Death and Survivorship benefits.

If I’m Injured because I Was Intoxicated or High at Work, Can I Still Collect Workers’ Comp?

This situation applies to alcohol, prescription drugs, medical marijuana or an illegal substance.  This can result in a complete bar of the claim.  In 2018, the workers’ compensation law was changed.  Jeff believes the way the law is now worded, being intoxicated from alcohol may not prevent you from receiving workers’ comp benefits.  The new law omits the “willful intoxication” verbiage that was there before the change.  He notes the new law clumsily words “illegal substance” but alcohol isn’t illegal if you’re 21 or older.  Jeff clarifies he’s not endorsing drinking before going to work, or while at work.

Under the previous law, the employer had to prove the employee was intoxicated.  The new statute refers to the substance simply being present in the blood.  However, they employer doesn’t have to prove the employee was intoxicated at the time of the injury.

Future rulings on these types of cases may result in the law being clarified.

We hope you found this episode insightful and helpful.  Thank you for listening!

What Do Other Clients Think About Jeff?

We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients.  A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients.  As a solo attorney, he has more Google Reviews than some firms with multiple attorneys.  Jeff shares the credit with his staff at the Roberts Law Office.  Successfully representing injured clients is a team effort.  It’s why Jeff likes to say his firm offers small town service with big city results.

Jeff Roberts Represents Injured Clients Throughout Kentucky

With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state.  He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations.  He’s not just a Western Kentucky injury attorney.                                                                                                    

Is It Time to Speak with an Attorney about Your Workers’ Compensation Claim?

The office phone number is (270) 753-0053 or toll free at 800-844-5108.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.