In many instances, fault will not affect a workers’ compensation case. This is a no-fault system. Even if a worker was technically at fault for their injuries, if they were on the job at the time, they likely still qualify for workers’ comp benefits.
This does mean that workers’ comp cases are different from some other personal injury cases. For instance, a driver who caused a car accident likely cannot sue the other party for compensation if their own negligence led to the injuries.
However, if a worker slips and falls from a ladder on the job, suffering serious injuries, they likely still qualify for workers’ comp benefits, even if their employer says that it was their own fault that they slipped and fell. They do not have to sue their employer, but they should receive workers’ comp for medical care and a portion of their lost wages.
There are some exceptions
This does not mean that all workers’ comp claims are going to be approved. They can be denied in some cases, based on actions the worker took.
For instance, perhaps the injuries were intentional and self-inflicted. Perhaps the worker clearly violated workplace policies and put themselves in danger that they would not have faced otherwise.
Similarly, if it can be found that the worker was under the influence of alcohol or illegal drugs, then their workers’ comp claim may be denied. The injury may be their own fault due to their impairment.
In general, when workers are injured on the job, they do deserve workers’ comp. It is important for them to know what steps to take to seek the benefits they require.