Does fault disqualify you from workers’ comp?

In some situations, fault is one of the main factors being considered after an injury. For example, in a car accident, the at-fault driver is the one who is going to have to pay for medical bills and things of this nature. They’ll likely do it through their insurance company, but they are responsible because it was their fault.

If you get hurt on the job, you may worry about the same phenomenon. Maybe your boss told you that you were at fault in the accident and you have no one to blame but yourself. Because of that, they told you that you couldn’t file a workers’ comp claim. Is this true? Is it your fault and therefore your responsibility?

No-fault systems for workers

An accident may be your fault, but that doesn’t matter to the workers’ compensation system, which is set up on a no-fault basis. Except in egregious situations, like when someone was intentionally doing something incredibly dangerous or using illegal drugs on the job, fault doesn’t play a role.

A worker who gets injured may have caused their own injury, but it only happened because they were at work and trying to perform the duties of their job. The mere fact that they made an innocent mistake and got hurt as a result does not disqualify them from workers’ comp.

That being said, if your boss is already telling you that you’re not going to qualify, it’s clear that this may become a rather contentious situation. Even if you do file for workers’ comp, are they going to illegally retaliate in some way? Are they going to make the process harder than it should be? These are important questions to ask, and they also underscore exactly why you need to know about the legal options at your disposal as you move forward with this process.