This post was updated on 10/11/2024
There are many injuries that could happen in the workplace. However, the sad truth is that many workers find themselves afraid to come forward because they feel like the accident is their fault. Many victims of workplace mishaps worry that since they are at fault, they will be less likely to try to seek compensation.
The million-dollar question is: Is it still possible for one to get worker’s compensation even if the accident was their fault? If you find yourself in a similar scenario, it is relevant to know what to do. This blog post will shed some light on how fault comes into play in a workers’ compensation case in California.
Can I Still Get Workers’ Compensation If I am at Fault?
The short answer is yes. Regardless of who is at fault, you may still be able to file a claim for workers’ compensation. The good thing about California’s workers’ compensation system is that it is considered “no-fault.” This means that regardless of who is at fault for the injury, a worker is able to file a claim and get reimbursed for medical expenses. The rationale is that workers’ compensation is designed to protect the interests of workers.
Coverage Exceptions
However, there are some exceptions to this rule. In some instances, California’s workers’ compensation will not cover injuries sustained under the circumstances mentioned below.
1 — Intoxication
If the injury was sustained while the employee was under the influence, it will not be valid for compensation. Drinking while on the job is not allowed under any circumstances, so it will make sense that the compensation will not be granted should this be the case.
2 — Fighting
Injuries during a fight with another employee, even if the fight and injury happened within the worker’s time of duty, are not covered by the workers’ compensation code in California. However, if the workers got into a fight to defend themselves, they could seek compensation for the injuries they sustained.
3 — Horseplay
Workers who intentionally use the equipment for purposes other than what they are intended to be used for may not be compensated. This is because employees are supposed to know the dangers of misusing the equipment and what could happen if something goes wrong.
4 — Intentional Injury
A worker who harms themselves on the job on purpose will not only be denied a workers’ compensation claim but will also be charged with insurance fraud. It goes without saying that it is illegal to intentionally harm oneself and try to claim compensation and insurance for the incident.
Get Proper Representation
Getting into an accident in the workplace is not uncommon, especially if you have a high-risk job. If you ever get hurt or injured while in the line of duty, the silver lining is that you can claim compensation under the right circumstances. Working with the right workers’ compensation law firm will ensure that you are represented in the best possible way to make for a favorable outcome.
Should you be in contact with workers' compensation consultants in Northern CA, come to Pacific Workers’. We are “Pacific Workers, The Lawyers for Injured Workers,” and help injured workers gain the most favorable outcome for their claim. Schedule a free consultation with some of the best work injury lawyers by calling 888-740-6434.
About the author
Bilal Kassem President and Co-founder
Introducing Bilal Kassem, the visionary leader of Pacific Workers. His unwavering commitment to excellence, empowering others at the core of our organization. With a flair for creativity, Bilal infuses fresh ideas into every initiative we take.
Drawing inspiration from captivating stories like “Goosebumps”, he guides our team with determination. Beyond his professional endeavors, Bilal embraces the great outdoors. As a result, relishing adventures such as backpacking and exploring uncharted territories. Sushi is his preferred treat, nourishing both his body and spirit.
In his free time, he enjoys hitting the gym and indulging in blockbuster films. At the same time, he finds motivation in the legacies of historical figures like George Patton. By leading with empathy, Bilal fosters a supportive atmosphere. This is why every team member feels empowered to excel.