Understanding the Role of Fault in Workers’ Compensation Claims

Because of common misconceptions and a frequent lack of workplace instruction, many employees are unsure about whether they are entitled to pursue a workers’ compensation claim when they suffer an injury in the workplace. The issue often arises due to confusion of workers’ compensation with the fault-based nature of the tort system, which is the portion of the legal system dedicated to resolving grievances between two parties through the filing of a lawsuit and subsequent trial or adjudication.

A worker is permitted to file a workers’ compensation case for any accident, incident, illness, or injury that occurs in the workplace or in direct conjunction with the performance of work-related duties. If an employee misses even one shift as a result of a work-related illness or injury, it becomes mandatory for the company to report the situation to its workers’ compensation insurer. Although a claim for workers’ compensation can be approved or denied, this has nothing to do with the determination of fault.

Instead, when a denial is issued, the basis is typically either a procedural error (such as when the paperwork was filed, a clerical error, or the use of an unapproved doctor) or the belief that the injury was sustained in a context outside of work. This can become complicated when one’s work requires that they travel off-site for the performance of certain tasks, so it is always best to speak with an experienced Raleigh workers’ compensation attorney before you pursue an appeal of a rejected claim.

Contact Us

If you have any questions about the workers’ compensation claims filing or appeals process, contact the Raleigh workers’ compensation attorneys of Scudder & Hedrick, PLLC at 919-851-3311.