Effective Accident Claim

Effective Accident Claim

Can I collect workers’ compensation even though the accident was partially my fault?

On Behalf of | Oct 21, 2022 | Workers' Compensation |

If you get injured on the job, you should have a claim for workers’ compensation coverage.

Even if something you did is the cause of the accident, you can still get benefits. However, in some instances, you may get denied benefits for an accident that is your fault.

Unlawful behavior

If you engage in illegal activity while on the job and have an accident, your employer can deny your claim. An example is if you have tested positive for using illegal drugs or your employer has other evidence that you used illicit substances at the time of the accident.

If you start a fight with another employee that results in an accident or injury, you will not get workers’ compensation benefits to cover your damages. If someone else assaults you while on the job, you should still get coverage for your injuries.

Under the influence

Your employer can also deny your claim if they determine you were under the influence of alcohol or legal drugs at the time of the occurrence. Most workplaces prohibit the use of alcohol or drugs while on the job.

Intentional act

If you cause the accident with the intent to harm yourself, your employer will deny your claim for benefits. Your employer must prove that you purposely tried to hurt yourself to disqualify your claim.

Suppose you have an accident while on the job; you must immediately report it to your employer to file a workers’ compensation claim. They will evaluate your claim based on the facts surrounding the accident.