Can I File for Workers Compensation if the Accident Is My Fault?

May 28, 2019 | Worker's Compensation

If you are injured in a workplace accident that was your fault, you can still file for worker’s compensation and possibly receive benefits. Depending on your state’s laws, you could be eligible to receive worker’s compensation for medical expenses, lost wages, chronic pain, and mental trauma that was caused in the accident, regardless of who is at fault.

When is a Workplace Accident Considered an Employee’s Fault?

Several workplace behaviors can disqualify an employee from receiving worker’s compensation benefits. For example, if an employee is under the influence, fighting with another employee, purposely injures themselves on the job, or otherwise behaves in a manner that violates a company’s policies, the employee is guilty of misconduct, which can automatically exempt them from filing for workers compensation. However, sometimes, if other factors are involved in the accident, and the employee’s misconduct wasn’t the main cause of the workplace accident, they can still recover worker’s compensation even if they are partially at fault. You are probably wondering, “how?”

If an employee was under the influence, and tripped over an unsecured piece of equipment, depending on the state’s workers compensation laws, they could still be eligible to recover compensation. Workers’ compensation is a no-fault system that is designed to cover medical expenses, lost wages, and disabilities caused in workplace accidents; while some state’s worker’s compensation requirements might restrict an injured employee from filing for workers compensation if an accident was there fault, generally, this is unlikely.

Can I Receive Workers Compensation if an Accident is my Fault?

If you are injured at work, regardless of if it was your fault, you are entitled to receive worker’s compensation benefits. All employees that are injured on the job are eligible to file for workers compensation as long as the accident happened on the job, there is proof of their injuries, there was a witness to the accident, and their injuries caused them to suffer from medical expenses or lost wages. It’s essential to keep in mind that if you receive worker’s compensation for an accident that was your fault, you forfeit all rights to sue your employer and recover personal injury damages such as pain and suffering, loss of consortium, and property damage.

How to File a Workers Compensation Claim if an Accident is my Fault?

If you have suffered injuries on the job, and you report the incident to your employer within your state’s specified time frame for workers’ compensation claims, you are likely eligible to recover worker’s compensation benefits. Your employer is legally obligated to submit your claim to their insurance company within a certain length of time, and cooperate with the insurer throughout the investigation, regardless of whether it’s to the benefit of your case or not. If your employer refuses to cooperate, or won’t submit your claim to the insurer, an experienced lawyer can help you bring a personal injury suit against your negligent employer to recover compensation.

Talk to a Workers Compensation Lawyer Today

If you or someone you love has been injured on the job, and you are unsure if you can file for worker’s compensation because the accident was your fault, you need to hire a lawyer to represent your case. A lawyer can make sure that you are eligible to file a claim, help gather evidence, and offer support during this challenging time.

Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are passionate about helping personal injury victims with their cases and will do everything they can to recover the most compensation for your workplace accident injuries. To date, the Dixon Injury Firm’s Workers Compensation Lawyers have recovered more than $35,000,000 in settlements for their clients and will bring the same passion and driver when fighting for your case.

If you are ready to file a claim for worker’s compensation, regardless of if you were at fault, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation with our experienced Workers Compensation Lawyers.