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Does fault matter for workers’ comp?

On Behalf of | Jan 10, 2023 | Workers' Compensation |

You get injured at work, and your boss is not pleased. Not only is this going to slow down their production and keep you off of the job, but they also say that the injury was your own fault. You made some sort of mistake and caused the injury.

When things get complicated, though, is when your boss implies that you’re not going to be able to get workers’ comp benefits because you were at fault. It appears that they are looking at the situation like a car accident, where the at-fault driver is responsible for the injuries that the other party suffers. If you caused your injuries, your boss believes that you are not eligible for workers’ comp. But is your boss correct?

You are still eligible in most cases

There are some cases in which actions taken by employees can negate their ability to seek workers’ comp. But this doesn’t relate to fault as much as intentionality. If someone is intentionally doing something to get injured, for instance, then they may not be able to seek workers’ comp.

But in the vast majority of cases, workers’ comp is no-fault. The business doesn’t have to claim fault and neither do you, but you are still covered under workers’ comp laws, and you should be covered under their workers’ comp insurance policy. They do get a trade-off in that you cannot sue the business for your injuries, but you shouldn’t need to because they should be covering those costs anyway.

Unfortunately, if your boss does not understand how the system works, this process can get to be a bit more complex than you may have assumed. Always be sure you know what legal options you have available to get the benefits you need.