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Can I Still Collect Workers’ Compensation If I Was At-Fault for the Injury?

Pittsburgh Workers’ Compensation lawyers advocate for employees who are determined to be at fault.Workers’ Compensation is there to protect workers who are injured on the job. Yet, what if the worker believes they caused the workplace injury? Many workers may not realize that even if they caused or contributed to the injury, they may still be eligible to receive Workers’ Compensation benefits for their medical care and wages.

Most employees have a general understanding that if they are injured or become ill on the job, they are eligible to receive coverage for the costs of treatment and a percentage of their lost wages while unable to work. Workers’ Compensation state laws cover injuries or illnesses that are the result of the worker performing their job. Therefore, even if an employee made an error or had an accident that was their fault, if it occurred while they were performing their work, they are often able to receive Workers’ Compensation.

What Does the Law Cover?

A worker can be hurt due to an accident from mechanical equipment accidents or failures, slips or falls, exposure to toxins or hazardous products, or being struck by an object or vehicle, among many other causes. Every workplace has potential hazards that can result in someone’s injury. When an injury on the job occurs, the employee should first follow the employer’s procedures for reporting the incident, file a claim, and receive needed medical care. Someone who believes they were at-fault may not pursue a claim at all. An injury or illness should be reported even in cases where the employee thinks they are to blame. Every situation is unique, but in most cases, courts have held that negligence or fault is not an immediate disqualifier for receiving coverage.

There are cases where the employee will not be covered. These exclusions generally include willful misconduct or reckless horseplay on the job, being under the influence of alcohol or drugs, illegal acts, and self-inflicted injuries.  Employees are also not regularly covered if the accident occurs off premises and off the clock, such as during the commute to and from work, unless they are traveling specifically for work purposes. If the incident does not occur in one of these situations, it is critical to pursue necessary medical care and file a Workers’ Compensation claim. In all cases where there is any doubt, representation by a skilled Workers’ Compensation lawyer is strongly recommended.

Pittsburgh Workers’ Compensation Lawyers at AlpernSchubert P.C. Advocate for Injured Employees

If you were injured on the job, the Pittsburgh Workers’ Compensation lawyers at AlpernSchubert P.C. have the knowledge and experience you need. We will work to get you the medical care and financial compensation to which you are entitled. Located in Pittsburgh, we represent clients throughout Allegheny County, Lawrence County, Washington County, and western Pennsylvania. Please complete our online form or call us for a free consultation at 412-765-1888.