People make mistakes at work all the time. Unfortunately for some workers, mistakes can lead to injuries. Perhaps a worker might set a ladder up at the wrong angle and then slip and fall when the ladder tips. Or perhaps a worker is in a rush, trying to get things done too quickly, and skips an important step. Either way, the injuries that they suffer as a result of their circumstances are clearly their own fault and a result of their own mistakes.
A worker in this position may need medical care, they may not be able to work for days or weeks, and they could even be left with a lasting disability that creates a lower earning capacity for the future. Being injured at work can be a life-changing event, and an affected worker may need to seek workers’ comp benefits as a result. But are they allowed to do so if they were at fault for their harm?
Workers’ comp is a no-fault system
If you find yourself in this position, the most important thing to remember is that workers’ comp is set up as a no-fault system. The fault of the individual does not generally change their right to seek workers’ comp benefits. Even if the worker made a mistake or clearly did something wrong, they are usually still covered and they do not have to start a lawsuit to sue their employer in order to receive just compensation.
There are some exemptions to this general rule, however. For example, a worker who is engaging in horseplay may not be covered. A worker who had consumed alcohol or other drugs prior to their shift may not be covered if their impairment was the reason for the injury. Additionally, those who get hurt on purpose in order to seek benefits are ineligible for them.
But if workers simply make a mistake that leads to an injury, that doesn’t mean they can’t seek workers’ comp. Their claim should not be denied simply on the basis that the accident was their own fault. If it is, workers absolutely need to know about all of the legal options at their disposal so that they can obtain the compensation to which they’re rightfully entitled.