In many cases, yes. The New York State Workers’ Compensation Board operates under a no-fault system, which means that workers are often still entitled to benefits even if they made a mistake that led to their injuries. However, there are a number of exceptions.
Workers’ comp typically does not cover:
- Intentional injuries. Not compensable under New York workers’ compensation law, intentional injuries are those that the victim inflicts on themselves or that are purposefully inflicted on the victim by their employer. Victims who can prove that their employer injured them with the intent to harm, rather than simply through negligent conduct, may have grounds for a civil personal injury case instead of a workers’ comp claim.
- Injuries arising from personal disputes with co-workers. Workers’ compensation usually doesn’t compensate employees for injuries suffered in a physical altercation with a co-worker that stemmed from a personal matter. This means that workers who were hurt while fighting with co-workers over things like love interests, sports, politics, and other non-work-related issues aren’t likely to have their claims for benefits approved. However, if the fight was about a work matter, the injuries may indeed be compensable.
- Injuries sustained while under the influence of drugs or alcohol. On-the-job injuries that occurred solely because the worker was intoxicated by drugs or alcohol aren’t covered by workers’ compensation, though an employee may still have a claim for benefits if they can prove that other factors contributed to their accident and injury. An example of a scenario in which an intoxicated employee may still have a valid workers’ comp claim is if the removal of a safety guard was a contributing factor.
Let Us Help You Fight for the Workers’ Compensation Benefits You Deserve
If you were injured on the job, you need the counsel of a skilled New York workers’ compensation attorney to ensure you receive the maximum benefits you’re owed. Contact O’Connor Law today to schedule an appointment for a free initial consultation to discuss your rights and options. Don’t wait—the sooner you reach out, the sooner we can get to work fighting on your behalf.
| Related Links: |
