02 Mar An Accident Caused By You – Does Workers’ Compensation Still Cover You?

Regardless of whether the workplace accident was your fault, you may still be entitled to workers’ compensation. What is usually the case is that the “accident” at work is likely due to a combination of preventable errors on both a supervisor and employee’s part. But even if the employee was largely at fault for the accident, he or she can still potentially be entitled to workers’ compensation. Here’s why:

The “No Fault” Workers’ Compensation Rule

Essentially, the workers’ compensation system is based on a simple trade-off: You won’t sue your employer in court if they pay for your workplace injuries. And this holds true regardless of who’s at fault. Although each state is responsible for its own workers’ compensation guidelines, they all act as essentially “no-fault” systems. Consequently, the question of who is at fault for a workplace injury is not generally at issue when considering an employee’s eligibility for workers comp benefits.

Although workers’ comp favors compensating employees, there are some ways an employee can be at fault, which may disqualify that worker from benefits. Being intoxicated or high when an accident happened may disqualify a worker from receiving benefits. Some federal courts have found that even if you are at the worksite, drunken accidents may not be covered under workers comp.

Additionally, fighting or horseplay that leads to a workplace injury may also not be covered by workers’ comp. These benefits are intended to compensate employees for “work-related” injuries; if misconduct is determined to be significantly outside your scope of work, injuries caused by it may not be covered. Always remember that regardless of whether the accident was your fault, you may still be entitled to workers’ compensation.

Workers’ Compensation Attorney Mr. Jeffrey M. Bloom

When you have an injury at work, it’s important for you to know your rights. Do not assume anything without finding out the law. If you need help with your workers’ compensation claim, or are wondering where you stand after a workplace accident, contact the law offices of Jeffrey M. Bloom. It is not unusual to have confusion and questions regarding workers’ compensation. Call our workers’ compensation offices at (855) 208-3650, and we will assist you in clearing up your questions and getting the compensation you deserve.