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Can I Get Workers’ Compensation Benefits If I Am Partly to Blame for the Accident?

When a worker is injured on the job it is generally considered a workers’ compensation case, but what happens if the worker caused the accident? Many people think that because they were responsible for the accident their employer is not liable and therefore workers’ compensation benefits are not available. It is important to know that workers in Savannah and elsewhere in Georgia are eligible for workers’ compensation, even though you may be partially at fault for the accident that caused your injuries. Talk to a Savannah workers’ compensation attorney as soon as possible.

An Employer’s Responsibilities in a Workers’ Comp Case

Safe work environment hard hats
Employers are required to provide a safe work environment for employees.

Employers in Georgia and elsewhere are required to provide a safe work environment for workers. A safe environment must protect workers from potentially harmful situations that could cause injuries. Basic work safety includes providing and maintaining proper equipment that employees use and making sure that work areas are adequately lit, that floors are clean and clear and that the building is safe. They must comply with all Occupational Safety and Health Administration (OSHA) standards.

In addition, the company must provide training to their employees before they are allowed to operate machinery and equipment. Equipment needs to be inspected regularly to ensure that it is in good working condition. Machinery also must be properly maintained and replaced when it is defective. Employees need to be trained on how to safely operate any type of machinery before they begin to use it.

The company must also provide adequate supervision. A supervisor should always be in control of the workforce and must be aware of any problems that occur that could be a safety concern. If a problem is reported, the supervisor is responsible for halting work until the situation is resolved and should never allow employees to work in unsafe conditions. An employer’s negligence may be the ultimate cause of an accident.

Report the Accident Immediately

Regardless of your own determination of how the accident occurred, it should be reported to your supervisor immediately. You may not feel that a claim will be necessary; however, sometimes an injury may not be immediately apparent. This is particularly true in slip and fall cases. You may have slipped on a wet surface but felt foolish that you fell and failed to report it. Later that night, your back starts to ache and by morning you can’t get out of bed. Now you need to take action, and it might be somewhat more difficult to prove that your back injury occurred at work if you didn’t initially report it.

You are entitled to make a workers’ compensation claim after any injury at work. You may be able to collect partial wages while you are not able to work and reimbursement for your medical costs. It is possible for a workers’ compensation claim to be denied. One of the most common reasons why a claim might be denied is if you were found to have acted in a negligent manner. Horseplay is one of the most problematic areas of concern because if you were not acting appropriately you may have caused or contributed to an accident due to your negligence.

If you were injured at work, call Bader Law Firm, LLC. We have the experience and knowledge to help you file a claim and get the compensation you deserve. Contact Bader Law Firm, LLC. today for a free case evaluation.

Seth Bader is an Auto Accident and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.

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