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

If you were hurt at your place of work and believe that you might have been at fault for it, you are probably wondering if you are still entitled to receiving workers’ compensation benefits. The workers’ compensation system is not fault-based, which means that, regardless of who was at fault for the accident, an injured worker would still be able to receive these crucial benefits. That said, there are some exceptions to this that could result in ineligibility, which all workers should be aware of.

Fault and Workers’ Compensation

Generally, the only requirement for obtaining workers’ compensation benefits is to have been hurt on the job. Whether the accident was partially your fault or completely your fault, you would still be entitled to workers’ compensation benefits, which would include a percentage of the wages you were earning on the job and coverage of any medical bills related to your workplace injury. The reason why fault does not usually have any bearing on whether one can receive workers’ compensation or not is due to the fact that injured workers can only recover a limited amount of damages.

However, in some cases, fault does matter. In order for a worker to be denied workers’ compensation benefits, willful misconduct must be involved, such as horseplay, using drugs or drinking alcohol, intentionally injuring one’s self, or even violating an express company safety policy. In fact, your employer could even terminate your employment for violating safety requirements or taking unnecessary safety risks on the job.

Keep in mind that workers’ compensation law can be incredibly complex, so the best way to handle your claim is to seek the advice of an experienced and knowledgeable workers’ compensation attorney. The last thing you want to do is risk missing out on these important benefits that can help make life easier for you while you recover from your injury.

Experienced Workers’ Compensation Attorneys in Cobb County

If you suffered an injury at your workplace, you should not attempt to handle your claim on your own. To ensure you are able to receive the crucial workers’ compensation benefits you will need to get you through this difficult time, you will need a skilled workers’ compensation attorney on your side to guide you through this complex process. At Chestnut & Beller in Cobb County, our team of attorneys is dedicated to assisting injured workers navigate their workers’ compensation case. We will put nearly 60 years of combined legal experience to work for you, so you can achieve the results you deserve.

Get started on your case today and contact our law firm at (770) 285-5542 to request your free initial case evaluation with one of our workers’ compensation attorneys.