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If you are at fault, can you still seek workers’ comp?

Workplace injuries happen for many reasons, a lot of which may be out of your control as an employee. For instance, maybe your employer hasn’t given you the proper safety protection equipment or maybe the other employees you work with don’t work in a safe manner, putting you at risk.

However, it is true that a lot of injuries suffered on the job are the fault of the person who is injured. Someone could do a poor job setting up a ladder up at the wrong angle, and then they could be injured when that ladder tips and they fall 20 feet to the ground. There’s no doubt that they caused the injury, so does that mean that they can’t get workers’ comp?

Fault does not play a role in most workers comp claims

If this is happening to you, there’s good news. With potential exceptions for things like being impaired on the job, fault does not really matter. You can cause your own injury and still seek workers’ comp if you are injured at work. You may have caused it, but it was still your occupation that exposed you to that risk, and so your being at fault does not remove your options to seek the benefits that you need at this time.

This does mean that you often cannot sue your employer to cover your injuries. Instead, your employer just carries workers’ comp insurance, and you can file your claim after you’re hurt. The insurance helps to cover things like medical bills and partial lost wages. 

If you have been injured on the job, take the time to look into all of the legal steps you’ll need to take to get the benefits that you need.