Definition of Negligence
Negligence is defined as being failure to exercise the care that a reasonably prudent person would exercise in like circumstances. Negligence may involve action or inaction. It may be failing to do what a prudent person would have done in like circumstances. Or, it may be doing something that a prudent person would not have done in like circumstances. Negligence is the key issue in most personal injury lawsuits. It can be an important issue in workers' compensation claims.
While laws vary from state to state, when it comes to workers' compensation, if you sustained a work-related injury or illness because of your negligence, in most cases, you are still going to be eligible to receive workers' compensation benefits. This is due to the fact that your injury or illness arose out of and in the course of, you doing your job for your employer, even though that injury or illness resulted from your own negligence. However, if your work-related injury or illness was due to the negligence of your employer, in some states in certain situations, you may be able to sue your employer, which, if successful, would mean a much larger compensation that what you receive from workers' compensation benefits. If your injury or illness is due to the negligence of a co-worker, in most states, you are not permitted to sue your co-worker. However, there can be exceptions. The thing to do is to consult a workers' compensation attorney about what options are open for you to pursue.