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Can I collect workers' compensation if an injury was my fault?

A serious accident can happen anywhere and at anytime. They occur while driving, at work, in schools, walking down the street and even in your own home.

Injuries at work are some of the most common because many jobs require activities that could easily lead to accidents. Some times, a workplace accident is at least partially caused by the injured employee. If you make a mistake and are injured at work, can you still collect workers’ compensation benefits?

A no-fault system

Even if there is clear documentation that the accident was a direct result of your own negligence, you can still collect benefits. Workers’ compensation does not take fault into account.

For a workers’ compensation case, there is never a determination of fault. The amount you are able to receive does not fluctuate based on whether you were at fault. However, there are exceptions where you can be injured and not qualify for benefits.

If you were under the influence of alcohol or drugs at the time of the accident, your claim can be rejected. If you deliberately caused an injury, were fighting, engaging in horseplay or acted in direct opposition to a company policy, your claim may also be rejected. 

How the workers’ compensation system works

If you qualify for workers’ compensation benefits, you can think of it like a paycheck. You will receive money even if you are unable to work. You will most likely only receive a percentage of your normal pay, and the benefits can be used to pay for medical bills and rehabilitation costs. 

If you are injured at work, file a claim for workers’ compensation benefits. If you have been denied benefits, speak with an attorney experienced in workers’ compensation who can try to get this decision overturned.

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