Can I Claim Workers’ Compensation for an Accident That Was My Fault?
March 30, 2022
Recovering Workers’ Comp Benefits If You Were At Fault: Workers’ Compensation Lawyers in Philadelphia, PA Explain
Workplace injuries can occur in a variety of ways. Sometimes they are caused by equipment malfunctions, including manufacturing defects. Other times workplace injuries are caused by the inherent risks and dangers of the job, such as for construction workers, laborers, or other individuals with risky jobs. Some individuals may also be injured by common and basic risks, such as in slip and falls or workplace accidents. But no matter what the mechanism of injury is, our workers’ compensation lawyers in Philadelphia, PA, know that a worker injured in a workplace accident can recover worker’s compensation benefits for his or her injuries in most situations—even if a worker may be at fault for the accident.
Although, sometimes, the workers’ compensation board, adjuster, or even your employer will try to tell you otherwise. Individuals who are injured in a workplace accident and are told that they are not entitled to recover workers’ comp benefits should contact an experienced workers’ compensation lawyer like one of ours at Larry Pitt & Associates. Learn more about how our workers’ compensation law firm can help you during a FREE consultation.
Who Can Get Workers’ Comp?
Under Pennsylvania law, nearly all employers must carry workers’ compensation insurance. This coverage applies to nearly all workers, regardless of part-time, full-time, seasonal, or temporary status. The benefits cover up to two-thirds (2/3s) of wages, medical bills, and some benefits for permanent injuries or the death of a worker.
What Types of Injuries Are Covered by Workers’ Comp?
Nearly all injuries are covered by workers’ comp benefits, so long as the injury or illness is work-related. This means that the injuries must have been caused by a person’s employment, such as an accident causing a broken bone or due to a repetitive use injury from lifting boxes. Illnesses must also be related to work, including exposure to harmful chemicals causing cancer or toxic black mold.
Can I Recover Workers’ Comp Benefits if I Was At Fault for My Injury or Illness?
Yes, you may still be entitled to recover workers’ comp benefits—even if you were partially or completely at fault for your injury or illness. This is because workers’ compensation is a “no-fault” system, meaning that individuals can obtain benefits no matter who was at fault for the injury or illness. This removes having to prove liability.
Therefore, an individual who is partially or completely at fault for a work-related injury or illness can still recover workers’ compensation.
Exceptions to Being Partially or Totally At Fault
It is important to note that there are some exceptions to recovering workers’ comp benefits if you were partially or totally at fault. First, if the injuries were intentionally self-inflicted, they are excluded. This means instances of intentional harm or suicide would prevent you or your family from recovering workers’ comp benefits or workers’ comp death benefits.
Second, workers’ compensation claims based on fraud are also not covered. This means an individual who tries to blame their employment for an injury they sustained somewhere else or because of another cause cannot recover workers’ comp benefits.
Did You Suffer a Work-Related Injury or Illness That Was Your Fault? We Will Fight to Get You Workers’ Comp Benefits
If you suffered a work-related injury or illness, you may still be entitled to recover workers’ comp benefits even if it was partially your fault. If you have been denied or if the workers’ comp board, adjuster, or your employer has challenged your claim, call Larry Pitt & Associates to help you. Our experienced workers’ comp lawyers in Philadelphia, PA, have over 40 years of experience representing victims and their families. Call today to schedule a FREE consultation by dialing (888)-PITT-LAW or (877) 748-8529, or by sending us a message through our easy-to-use contact us box available here.