Does the negligence or fault of the injured worker affect the claim for benefits?
No. Workers’ compensation is a “no-fault” system, which means that an individual’s benefits cannot be denied, even if the employee’s carelessness caused the injury. This means that the employer cannot assert as a defense the fact that the injury occurred as a result of the injured workers’ carelessness. However, if an injury is attributable to a serious violation of law or as a result of the consumption of drugs or alcohol, no compensation will be allowed.
