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Does fault matter in workers’ compensation claims?

On Behalf of | Feb 3, 2025 | Injuries |

You are probably aware that fault plays a big role in personal injury cases. Take a car crash, for example. The more clearly you can show that it was someone else’s fault rather than yours,  the better your chances are of getting the full amount of compensation you need.

What about when you are injured at work? Do you still need to show that your accident was not your fault?

It’s a no-fault compensation

Employers pay into workers’ compensation insurance because they know that accidents will happen. By paying for insurance that will compensate employees no matter what led to the accident, they aim to protect themselves from potential lawsuits and hassle.

Workers’ compensation is no-fault insurance, so proving that your employer or someone else did something wrong is not typically necessary to get compensation. You generally do not need to show that you acted perfectly either. If you made an error, you should still get compensation.

There are a few exceptions

There are limits to this, however. If you were injured after crashing your forklift into shelving because you were high on drugs or trying to run someone over with it, the insurer will likely reject your claim or try to reduce the amount they give you. Another exception would be if you were injured after starting a fight.

Not everything is clear-cut when it comes to workers’ comp, and both employers and insurers can sometimes challenge an employee’s right to compensation. While seeking legal guidance is often advantageous in workers’ comp cases, it can be crucial when you suspect you may face a battle to get the compensation you deserve.