Can I Get Workers’ Compensation if the Injury was My Fault?

Workers’ compensation insurance is a no fault system that does not require a determination of liability in order to recover benefits. An employee who is injured on the job can usually receive funds from their company’s workers’ compensation insurance, regardless of whether or not their employer caused the accident. Many employees feel that they do not qualify for workers’ compensation benefits if they caused their own injuries, but that is not always the case.

Injuries Caused by Forgetfulness, Mistakes, or General Negligence

In some cases, employees injure themselves in events that are purely accidental. Accidents can happen at any workplace, and employees cannot be excluded from the workers’ compensation system because of their contributions to an accident. Injuries caused by an employee’s mistakes, ignorance of safety procedures, or any other negligent reason can still recover compensation. Workers’ compensation is a no-fault system, so the cause of an accident is not generally considered in the allocation of benefits.

Injuries Caused by Misconduct and Gross Negligence

Although employees who are technically at fault for their own occupational injuries are able to recover workers’ compensation benefits in some cases, benefits are usually prohibited from employees who injured themselves by engaging in misconduct or gross negligence. This may include being under the influence of alcohol or drugs, or completely ignoring safety measures in a way that is considered extremely negligent. For example, an employee who is purposefully misusing dangerous equipment may not be able to recover benefits because they participated in a known-to-be-hazardous activity.

Remember that you may still be entitled to workers’ compensation benefits if you caused your own injuries. Discuss your case with our attorneys to learn your rights. At McHargue & Jones, LLC, we represent employees who have been injured in an on-the-job accident. We are available to guide you through the workers’ compensation process and help you recover the benefits you deserve.

Call (312) 487-2461 or send us a message to schedule a free consultation.