Filing a Workers’ Compensation Claim If the Accident Was Your Own Fault

When you’re injured at work, you typically have the coverage of workers’ compensation to help you pay for your injuries. Fault doesn’t often play a role in eligibility, but there are some exceptions. The following are some times you may not be able to file a workers’ comp claim if the accident was your own fault.

You Intentionally Inflicted Harm

If you walk into your place of employment, pick up a knife and slice your arm in protest of safety guidelines you’re not in favor of, you probably won’t be entitled to workers’ compensation. While fault doesn’t often play a role, it might in this type of situation.

On the other hand, if you were using that same knife to cut a piece of rope and you accidentally sliced your arm, you’d probably be able to file a workers’ compensation claim. Although you were the only individual involved in the incident, making the cut your own fault, it would clearly be unintentional.

You Arrived Intoxicated

There are some situations in which being intoxicated while working would still allow you to qualify for workers’ compensation, and there are other situations in which intoxication would remove the chance you’d qualify. For example, if you stumble into work drunk, trip over a safely-placed coat rack that has always been there, and hit your head, you’d probably not be able to receive compensation. On the other hand, if you stumble into work drunk and your coworker doesn’t like it and punches you for it, you probably would qualify because your drunkenness wasn’t the cause of your accident.

You Started a Fight

If you started a fight or were otherwise responsible for an altercation with a coworker, customer or your employer, you would probably not be entitled to workers’ compensation. If you weren’t responsible for the altercation, but were just defending yourself against someone who came at you, you could probably seek workers’ compensation.

Getting Your Lawyer Involved

As you can see, there are some serious situations that could jeopardize your ability to receive workers’ compensation. You should never intentionally do something that could put that benefit at risk, especially if you work in a particularly risky environment. If you have been injured on the job, it might benefit you to get a lawyer involved. Contact a work injury lawyer, like from Hickey & Turim SC, today for help in understanding what you’re entitled to and how you can obtain it, even if you’re at fault for your own injuries.