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Can You Be Denied Workers’ Compensation If You Were Partially At Fault?

Can You Be Denied Workers’ Compensation If You Were Partially At Fault for Your Injury?

Bronx | NYC| Brooklyn | Queens Workers’ Compensation Lawyers

When you’ve been hurt on the job, your first thought, after you’ve received the medical attention you need, it typically about providing for your family and meeting your financial needs. Under New York law, if you’ve suffered an injury and you were working or in the course of your employment at the time, you are eligible. But what it your injury was caused, in part or in whole, by some careless act of yours? Suppose you were distracted by your cell phone or by something else, and that distraction caused an accident. Will you be denied workers’ compensation benefits because the accident was your fault?

As a general rule, the answer is no. The New York workers’ compensation system is what is known as a “no-fault” system. That means that you don’t have to demonstrate that your employer was negligent or careless in order to qualify for benefits. In fact, when determining eligibility for benefits, the workers’ compensation judge will rarely look at the question of fault.

There are a couple of exceptions, though, to this rule. First, you can be disqualified from receiving workers’ compensation benefits if it can be shown that you intentionally caused your injuries, or that they were intentionally self-inflicted. In addition, if you were knowingly engaged in activities that were a clear violation of company policies (including safety measures), you may be denied workers’ compensation benefits.

Can You Be Denied Workers’ Compensation If You Were Partially Responsible for Your Injury?

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.