Can I Still Get Workers’ Compensation If the Accident Was My Fault?

Posted by Christopher “Chris” Schwartz | Aug 13, 2018 | 0 Comments

You work diligently at your job every day, and you make sure that everything is being done as it should be. However, we're only human, and it's possible that you suffer from an injury while on the job. In a work injury, we are 100-percent positive that workers' compensation will come into play and be able to help.

But what if you are technically at fault for your work injury? Would you be eligible to receive workers' compensation? If this is a concern you have had, or are currently experiencing, the Schwartz Law Firm is here to ease your mind. Keep reading to learn if you can get workers' compensation, even if the accident was your fault.

Can I Get Workers' Compensation if I Caused My Work Injury?

In general, workers' compensation is usually a no-fault insurance system. This means that any injuries are covered by it, even it was partially or totally your fault. Your workers' compensation application will not be denied simply because you negligently permitted an injury to occur. Each state, including Louisiana, is responsible for maintaining its own workers' compensation rules, but they are all technically no-fault programs.

Whether you accidentally did not put up a “slippery when wet” sign and subsequently fell, or if you failed to adhere to proper safety guidelines, you are still eligible to receive workers' compensation. Overall, the only prerequisite to receiving workers' compensation is the sole fact that you were injured while on the job.

What Can Disqualify You from Receiving Workers' Comp

That doesn't mean, however, that there are no exceptions to workers' compensation being no-fault. For example, for injuries caused by personal issues, workers' compensation will not kick in. Workers' compensation will also not cover bad behavior related to personal issues. If you were acting recklessly at work – such as physically fighting or involved in horseplay – your odds of receiving workers' compensation do not fare well.

On top of this, if you were under the influence of alcohol or drugs on the job, your injury is most likely not going to be covered by workers' comp. If your negligence is discovered to be outside of the scope of your work, the injuries that you caused may not be covered, either. Workers' compensation cases are not something to take lightly. If you think acting recklessly is okay because you will receive workers' comp no matter what, think twice before you do.

Seeking Help From a Workers' Compensation Attorney

Whether or not you are at fault for an accident that took place at work, you may still be eligible to receive workers' compensation. A trusted and experienced Louisiana workers' compensation attorney can help you through this time. Trust in the Schwartz Law Firm to guide you down the path success in your case.

No case is too stressful or extensive for Schwartz Law. We have two locations in Louisiana, one in Metairie and another in Baton Rouge. Feel free to call us at (504) 266-0253 for your free initial consultation today.

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Schwartz Law Firm

Schwartz Law Firm LLC attorneys bring over 25 years of combined experience securing personal injury recoveries and workers’ compensation successes in New Orleans and southeast Louisiana.