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Can workers obtain workers’ comp if they cause their own injuries?

On Behalf of | Oct 30, 2024 | Workers’ Compensation

Many professionals pursue careers in occupations that come with an elevated degree of risk. A delivery driver may earn competitive wages, but they are always one lapse in judgment away from a crash that could put them in the hospital. Those working in construction or manufacturing are also at risk of serious injury.

It is very easy for those in high-risk professions to become complacent about safety as they accrue professional experience. Still, even the most diligent worker can trip over their own shoelace or make a timing mistake because a coworker asks them a question. Some workers find themselves in an uncomfortable position where they recognize that they are to blame for the workplace injuries they recently sustained.

Can employees who unintentionally cause their own injuries still qualify for workers’ compensation benefits?

Fault usually doesn’t affect a worker’s benefits

The good news for those working in high-risk professions is that they typically don’t have to worry about fault when filing a claim. The workers’ compensation program does not require that an employee prove their employer or a third party was to blame for their injury. They also don’t have to worry about losing their right to cover it if their employer has proof that they are at fault.

Video footage of someone dropping a tool on their own foot or coworker testimony affirming that an employee made a mistake when operating a machine press should not prevent the injured employee from pursuing a workers’ compensation claim. The benefits available through workers’ compensation are a form of no-fault coverage.

It typically does not matter who is at fault. Workers’ compensation benefits including medical coverage and disability pay are available even in scenarios where a worker clearly caused their own injury or an outside party, like a member of the general public, is to blame for a worker’s injury.

No-fault coverage can be particularly important for those who regularly drive while on the clock. Liability insurance coverage does not usually compensate policyholders when they are at fault for their injuries. Of course, there are some exceptions to the no-fault coverage that protects workers and indemnifies employers.

In scenarios where a company can show that a worker failed a drug or alcohol test and their intoxication was to blame for their injury, that could affect the claims process. Occasionally, workers may face challenges when they file claims, including attempts to blame them or deny them coverage by alleging the injury is not the result of their employment.

Learning about the rules that govern workers’ compensation, and seeking assistance when making a claim, can improve a worker’s chances of getting the support they require. Even those who make mistakes on the job are often eligible for benefits.