An employer buys a workmen compensation policy to compensate the employees/workmen and their dependant families for the loss of income caused due to workplace injury or death. The Workmen Compensation Act, 1923 offers employees compensation to cover their wage loss arising due to unforeseen perils of employment. The employer is legally liable to compensate the losses incurred by the worker for his injury or death in the workplace accident under the act. So, continue to read further to know if workers receive workmen compensation benefits and if any injury was their fault.
Workmen Compensation being a ‘No-Fault’ benefits system
A worker injured at the workplace has the right to claim workmen compensation benefits from the employer irrespective of who is at fault. An employer can get immunity or coverage against these statutory liabilities by availing of workmen compensation insurance policies offered by the insurance companies.
The workmen’s compensation system is a ‘no-fault’ benefits system. In this, workers are eligible to receive compensation from the employer in case a workplace accident results in an injury. Or, death of or disability to workmen no matter who is at fault. Workmen’s compensation insurance policy is based on the ‘no-fault’ principle. Thus, when a worker is injured at the workplace, he/she is entitled to receive the benefit regardless of who is at fault.
Additional Read: Does Worker’s compensation cover employee negligence?
Circumstances excluded from WC policy coverage
However, workmen may fail to get policy benefits under the following circumstances:
- Intentional and self-inflicted injury at the workplace
- Workplace injury suffered while the worker was under the influence of alcohol or any intoxicating substances.
- Workplace accidents caused due to workmen not adhering to workplace safety rules and guidelines
- Injury due to fighting or horseplay at the workplace
- Unlawful act and violation of workmen compensation statute
Will workers receive workmen compensation benefits if the injury was their own fault?
A worker suffering injuries from a workplace accident while on duty is allowed to file a workmen compensation claim. However, if the cause of workplace accidents is not completely employee or worker misconduct, courts may even favour the worker.
For eg – A worker does overtime for a week but meets with an accident on delivery while working under severe work pressure. Let’s say, he meets with an accident on the way to the delivery location as he dozes off. This could be due to his intoxication or his exhaustion. The accident causes him a substantial injury for which he files a workmen compensation insurance claim. We can say, the accident was partially his fault. However, circumstances like this can result in the denial of a workmen’s compensation claim.
The worker can seek the help of an attorney in order to claim his rights to benefits. The worker can go through legal processes also. It’s important to note that the workmen’s compensation is based on the ‘no-fault’ principle. Hence, it is ideal for an employer to avail of a WC insurance policy to safeguard the business against statutory liabilities.
