Do I Have To Prove The Company Did Something Wrong?

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June 26  

Is The Company's Proof Of Negligence Necessary?

I have another question and answer for you. So the question today is, If I got hurt at work, do I have to prove that the company did something wrong? In other words, do I have to prove that the company was negligent in causing my injury? The answer is no.

In workers comp you don't have to prove that anybody did anything wrong. All you have to do is prove that you were hurt at work, you're an employee and you were in the course and scope of your employment. In other words, if you go out and you punch out of the clock, you leave the office premises, you're not working anymore and you get hurt, that's not going to be workers comp. 

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Third-Party's Fault

If you're doing your job and you get hurt, that's it. You don't have to prove anybody did anything wrong. Now, a lot of times, when somebody calls me about a work injury case, I always ask them exactly what happened. Here's why, if you have a worker's comp case but your injury or the part of the injury was caused by somebody who isn't your employer, then you can also sue that other party in court.

Hurt During Work Clock

So common context this happens in is, let's say you're a truck driver or a car driver of some kind, a delivery driver something like that, and you're an employee. And then some dude runs a light and runs into you. Well because you were on the clock, you are automatically going to be covered under workers comp, you can have a claim and you can get all your benefits. So that's fantastic.

Hurt During Working Hours But Was Caused By A Third-Party

However, because somebody else caused your injuries, we can sue them in a lawsuit as well. It's important for me to know, and it's an opportunity for you, more likely to get fully compensated for your injuries.

It also comes up in construction cases a lot. So if a construction workers work somewhere and there's a general contractor that has some control over safety, you can completely have a worker's comp case as well as a third party case against anybody who maintained any control over the safety of the worksite. But you know that's sort of a side issue for purposes of workers comp.

You Are Entitled To Workers Comp

No, you don't have to prove that your employer did anything wrong or that they were negligent at all. If you are an employee, injured in the course and scope of your employment, you're entitled to workers comp. Hope that answers the question.

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