Does Being Partially at Fault Affect Compensation for My Workplace Injury


If you’re injured on your job, your workers’ compensation payments will not be affected if the accident was partially your fault except in certain circumstances, which we’ll go over in this article. In most cases outside of these particular circumstances, even if you made a mistake that caused the accident, you’ll still be covered.


There’s no need to prove how the accident happened as worker’s compensation is a no-fault system. You don’t have to worry about providing evidence that you or someone else is liable for your injury if you’re hurt while working. However, there are some situations that may stop you from receiving a settlement or filing a workers’ compensation claim.


Substance Abuse or Intoxication


Most states don’t require you to prove that you or someone else was liable for your accident if you’re pursuing workers’ compensation. However, your injuries won’t be covered by workers’ comp if it is proven that you were drunk or under the influence of drugs when the accident took place.


Some states protect the privacy of their employees by prohibiting random drug testing. Even if this may be the case at your workplace, you may be required to take a drug test after your injury. The results of your test help determine if you’re eligible for a workers’ comp settlement while you heal from your injuries.


Fighting or Horseplay


If another worker causes you to become injured, you may still be eligible for workers’ compensation. If you and the other worker were fighting or engaging in horseplay, you will not receive a settlement. Being an innocent bystander who is injured by fighting employees does make you eligible for workers’ compensation if you are hurt.


If you’re caught in a fight that is related to issues at work, you may still get a settlement, depending on the situation. You could also file a claim if you were the victim of workplace violence, such as being assaulted by a coworker or being injured in a workplace shooting.


Off-Duty Activities


Workers’ compensation claims are designed to cover the cost associated with workplace accidents. In most cases, you can’t file a claim for workers’ comp for incidents that occur when you’re not at work. This means that if you’re at a work function such as a networking event, holiday party, or picnic, you may not be able to get workers’ compensation.


However, if you were required to go to the event and your company benefited from your presence, you may still be entitled to compensation.


Work Commute


If you’re injured on your way to or from work, you are not covered by workers’ compensation. If you’re walking, driving, or taking public transportation to or from your job, you can’t file a claim for injuries that occur during this time. However, you can make a claim in most cases if the injury happens under the following conditions:

  • You were driving a company car when you got into the accident
  • Your company doesn’t have a physical location
  • You were running an errand for your company


You may be able to get compensation for pain and suffering, lost wages, or medical bills.


If it’s not possible for you to file a workers’ claim, you may be able to file a personal injury claim to get settlement funds. Your personal injury claim will be valid whether or not the other party is covered by workers’ compensation. For instance, if you get into an accident while you’re driving to work, you may not be able to get compensation from your employer, but you can file a personal injury claim.


If you think you have a workers’ compensation claim, it’s best to speak with your employer right away. You may also want to hire a lawyer to look over the details of your case. An attorney can also help you organize your case so you’ll know what you’re asking for and can explain your request for your settlement in a clear manner.