What if the workers’ compensation accident was my fault?
In Nebraska, the law is clear.
If you caused an accident at work and it was your fault, you can still recover workers’ compensation benefits.
So, that means if you were working and driving and you ran a stop sign and got into an accident, you would still be able to recover benefits under the Nebraska Workers’ Compensation Act.
Other examples could be that you slipped because you didn’t pay attention to something on the floor. Accidents that are your fault are not excluded from workers’ compensation.
The only time that you might run into a problem where your benefits would be denied would be if you were what’s called willfully negligent or if you were intoxicated. Under those circumstances, it’s an extremely high bar to show that you were reckless and essentially made a conscious decision to disregard all safety rules and to hurt yourself. That’s a really high standard.
However, if you need some help in determining whether your fault might have played a role in terminating your benefits, give us a call at High & Younes, LLC.
This video represents general information regarding a topic of law and that it should not be relied upon without further discussion with a lawyer as the facts, issues and parties involved in any claim or law suit may greatly effect a claim, evaluation of case, strategy, application of law, and advice that would be given. Further that the videos do not create an attorney client relationship or privilege.
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