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Can you get workers’ compensation if the injuries are your fault?

On Behalf of | Jun 29, 2022 | Workers' Compensation

People make mistakes. You might have loaded a piece of machinery incorrectly or not noticed that a guard had fallen off before you injured yourself.

Knowing that you were responsible for your injuries, you might not be sure if you can seek workers’ compensation. The simple answer is that you usually can, but there are exceptions that may make it difficult for you to get workers’ compensation benefits.

Self-inflicted injuries aren’t the same as accidental injuries

Keep in mind that the way workers’ compensation views your injuries will depend on the circumstances of your case. If you accidentally injured yourself as a result of your own negligence but the injuries were unintentional, then you’re likely to be able to seek and get workers’ compensation. If you intentionally injure yourself, then workers’ compensation is unlikely to apply to the scenario.

Here’s an example. If Billy goes to work and decides he’s ready to take some time off, he might intentionally harm himself in a way that makes it so he has to go to the hospital and has to miss time from work. The injury might not be debilitating, but it could be severe enough that he has to miss a few days from work, many of which could be paid.

Of course, it’s unlikely that most people will intentionally hurt themselves or be negligent enough to know that an accident is likely to occur, but it does happen.

Accidents are covered under workers’ compensation

If you’re accidentally injured at work, even if it is your fault that you ended up in a dangerous situation, then you can still seek workers’ compensation.

For instance, if Billy comes to work tired and doesn’t remember to put the guard up on the machinery he’s using, he could end up with an injury. Even though it is his fault that the accident happened, he may still be able to get compensation since the injuries were accidental.

It’s possible that an employer could argue against workers’ compensation being paid out, but if the incident was accidental, then most people should qualify for fair compensation following the injury.