If you, or someone in your workplace, experiences an at fault accident it means that you suffer an accident of your own doing. In these cases, you did (or did not do) something that results in an accident or injury. While you might not assume you can receive worker’s comp for these injuries, that’s actually a bit of a myth. While it takes a special set of circumstances, there are instances when you can receive coverage even when you had a hand in the claim…
I Suffered an At Fault Accident: Can I Still Receive Worker’s Comp?
The first, and most important thing, to understand is that worker’s compensation is not an ‘at fault’ issue. Instead, it acts as a trade-off for employees. In this trade off, the employee does not sue the company in exchange for covering an injury that occurs in the workplace. So, in short, the at fault party is not really relevant when it comes to deciding whether or not you receive payment. Therefore, even if you it was an at fault accident, you should still be able to receive worker’s compensation. However, there are a few factors that can hurt your chances…
Horseplay
If you were messing around and not working within your job description at the time of an accident, your claim will likely be denied. Take for example, if your coworkers dares you to move heavy boxes with your eyes closed. As a result, you trip and end up with a broken arm. In this example, you brought the injury on yourself by horsing around instead of doing what you should have been doing. In most cases like this, you will not receive any assistance in covering medical costs.
Substances in your system
Second, if you have any drugs or alcohol in your system, you claim will likely suffer. Imagine that, like the scenario above, you were carrying heavy boxes. However, this time, it’s not horsing around that causes the fall. Rather, you had alcohol in your system and made a misstep. So, you fall and break your arm. While you were operating within your job description, you were doing so under the influence. Therefore, who’s to say that the substance in your system didn’t have a hand in your accident?
Worker’s compensation covers any reasonable injury
As long as you were working within your job description, without drugs or horseplay, you will likely still be eligible for benefits even if it was your mistake that led to injury. Imagine the same scenario’s from above. But this time, instead of horseplay or intoxication, you simply fell because the job based on production, requires you to move fast. Quickly hauling heavy boxes, you tripped and broke your arm. While this was merely an accident that involved only you, the role of the job also played a factor. For this reason, you may still receive workers compensation.