Worker’s Compensation

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

Chris Aug 13, 2018

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.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.