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Do I Qualify for Workers’ Comp If I’m to Blame for My Accident?

A workplace injury is always a worrying situation, but your experience can be even more stressful if your own negligence caused your injuries. Plus, are you still eligible for workers’ compensation benefits if you're partially or wholly at fault? You may or may not come as a surprise, but you’re not the first worker to cause an accident in your workplace. Many employees have ventured hat in hand to their employer, wondering if workers’ compensation benefits will cover them if they were injured in an at-fault incident. The good news is that it’s very likely you won’t need to worry about being denied workers’ compensation coverage. While every situation is unique and will require review, workers’ compensation benefits generally fall within a no-fault system. Even if you are to blame for your injuries, you would more than likely be able to collect benefits.

Why is Workers’ Compensation Considered a No-Fault System?

By taking part in the workers’ compensation system, employees forfeit their right to sue their employer for injuries sustained at work. While this may seem unfair or one-sided, the benefit to workers is they are allowed to file critical workers’ compensation benefits in the event of a workplace accident – regardless of who’s at fault. Workplace accidents can be caused by distractions, carelessness, or even forgetfulness, but none of these are justifiable reasons to deny workers’ compensation benefits. While the system is considered no-fault, there are exceptions to the rule.

Workers’ compensation coverage covers most workplace injuries; however, some situations are not, for example:

  • Horseplay: Running, playing games, or general roughhousing that ends in injury isn’t covered by workers’ compensation insurance.

  • Workplace Violence: Employees who start fights at work are not entitled to workers’ compensation benefits. An employee who is attacked at work would be considered eligible unless there were extenuating circumstances to determine otherwise.

  • Self-Harm: Employees who intentionally harm themselves while working are not considered eligible for workers’ compensation benefits.

  • Intoxication: Employees with drugs or alcohol in their systems are generally denied workers’ compensation benefits.

Workers’ Compensation Attorneys in Orange County

At Alvandi Law Group, P.C., our firm has a strong history of success representing clients fighting for workers’ compensation protection throughout Southern California. We have the legal expertise and courtroom experience needed to tackle any problem you’d encounter while fighting for the compensation you deserve. If you can’t return to work because you’ve been injured on the job, workers’ compensation may be your best chance to get your life back on track. Even if you’re at fault in your accident, you could still be eligible for compensation. Call our office today at (800) 980-6905, and one of our knowledgeable attorneys can review your case and help you plan your next steps.


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