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Can I Still Get Workers' Compensation if the Accident Was My Fault?


If you were injured at your place of work and feel that you might be partially or entirely to blame for it, you might be wondering if you are still eligible for workers’ compensation benefits. This is a common question many individuals ask themselves. Generally, even if you were to blame for the accident that caused your injuries, you would still be able to collect workers’ compensation benefits, though this greatly depends on the specific details of your accident. Continue reading to find out what you need to know about receiving workers’ compensation benefits even if the accident was your fault.

Workers’ Compensation is a No-Fault System

The workers’ compensation system does not allow employees to sue their employers for workplace injuries. The trade-off here is that it allows injured workers to collect crucial workers’ compensation benefits no matter who was at fault for the accident. Therefore, even if you were forgetful, careless, or inattentive, you would not be denied benefits. That said, as is the case with everything, there are exceptions to this rule that you should be aware of.

Exceptions to the Rule

Injuries you sustain at work are almost always covered by workers’ compensation, but there are still some situations in which your employer would not be obligated to provide any benefits. One of those is known as “horseplay.” Horseplay is any situation in which an employee is messing around at work, resulting in an injury. The court can ultimately determine that, since you were engaging in horseplay at the time, you were not performing your job when you were injured.

Violent altercations would also disqualify you from receiving workers’ compensation benefits if you were the one who instigated the fight. If someone else assaulted you, however, you would still be able to receive workers’ compensation benefits and even file a personal injury lawsuit against the party that assaulted you.

Lastly, if you intentionally harmed yourself while at work, you would not be able to receive workers’ compensation benefits. In fact, doing so would also result in workers’ compensation fraud as well.

Workers’ Compensation Attorneys in Orange County

If you were injured at your place of work, regardless if you were at fault for the accident, you are likely eligible for important workers’ compensation benefits that can help you get back on your feet. At Alvandi Law Group, P.C., our team of workers’ compensation attorneys has over 30 years of legal experience and a proven track record of success that includes over $300 million recovered on behalf of our clients.

Get started on your workers’ compensation case today and contact our law firm at (800) 980-6905 to request a free initial case evaluation with a knowledgeable member of our legal team.

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