Does Workers’ Compensation Cover Employee Negligence?

Worker hurts himself at job site while showing bad posture.
The Department of Public Services under the D.C. government has safeguards in place if a worker does not receive their benefits and handles hearings and appeals if the claim is denied. Those who are injured at work in the District are entitled to receive medical treatment and supplies as well as benefits for vocational rehabilitation if necessary.

Can You Collect Workers’ Comp if You Were Negligent?

In Washington, D.C., workers’ compensation is no-fault, which means that you are covered if you are injured, whether your injury was caused by your negligence or not. It not only covers full-time workers but those who are part-time or seasonal employees. In the District, workers’ comp provides multiple benefits:

  • It allows workers to receive compensation if they were injured on the job or become ill due to their work.
  • It prevents employers from being sued by employees.
  • It provides death benefits to the family of an employee killed on the job. 

Safeguards Are in Place to Protect D.C. Workers

The Department of Public Services under the D.C. government has safeguards in place if a worker does not receive their benefits and handles hearings and appeals if the claim is denied. Those who are injured at work in the District are entitled to receive medical treatment and supplies as well as benefits for vocational rehabilitation if necessary. They also receive 66 ⅔ of their average weekly salary. If the injured employee cannot work for more than three days, the employer is required to start paying benefits within two weeks. 

Do All Employers in the District Have to Carry Workers’ Compensation?

If they have as few as one employee, employers must carry workers’ comp insurance in the District. If they do not, they can face high fines by the Department of Public Services. Coverage for employees who live outside the District are covered by their own state workers’ compensation laws. Employers in the District must post information on their workers’ comp coverage as well as employee rights on a Notice of Compliance, Form 1 DCWC and place it in a location where it is visible. 

Does My Employer Choose the Physician I Will See for My Injury?

No. An employee who suffers a work-related sickness or injury can choose their own doctor for treatment. In the event the worker is unable to do so due to being unconscious or because they are severely injured, the employer can choose a doctor for their emergency attention. However, once the employee is able to, they may choose a physician on their own. 

What if My Claim Is Denied?

If your injury or illness claim is denied, you may benefit from the help of an experienced attorney to get you the compensation you deserve. In addition, it is illegal to fire an employee for applying for workers’ compensation or attempting to. A lawyer can also assist an injured employee in filing for temporary or permanent disability benefits or for disfigurement that occurred during the performance of their job. 

Roeser Law Firm – Supporting Your Right to Workers’ Comp

The Roeser Law Firm is here to help when you need assistance to obtain workers’ comp or your claim has been denied. If you have been injured, we will fight on your behalf and work hard to help you receive the compensation you deserve. Call us at (202) 660-4070 for a free evaluation of your case and to discover how we can assist you. You also have the option of contacting us online

Zeke Roeser

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3000 Connecticut Avenue NW
Suite 140
Washington, DC 20008
(202) 660-4070