Intentionally injured on-the-job?

In a recent case, the employer tried to claim that a worker intentionally injured himself on the job, which would have made the injured worker ineligible for workers compensation benefits.  According to witnesses, the injured worker was walking back to the job site as a co-worker was driving a forklift in the same direction.  The worker testified that the forklift caught the back of his heel, causing him to fall.  The co-worker testified that the worker “lunged” in front of the forklift.

The Workers’ Compensation Board agreed with the worker that he did not get injured on purpose.  The law says there is a “ presumption” that a work injury was not the result of an intention to be injured.  The employer failed to prove that the worker’s injury was intentional.

If you have question regarding an on-the-job injury claim, please contact our office

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