Yes—you can get workers’ compensation even if an accident is your fault. In general, New York State Workers’ Compensation is a “no-fault” system. Work accidents happen. You should consult an attorney about your work injury, even if you think the accident may have been your fault. Many on-the-job injuries result from preventable errors or mistakes and are still covered by workers’ compensation.
There are some key exceptions to the general “no-fault” rule. These specific situations can affect whether or not you can claim compensation. You will not be entitled to workers’ compensation if your injury was the result of intoxication (alcohol or drugs) while on the job; or if you willfully intended to hurt yourself or another employee. If you are injured during a fight at work, it is important to talk to an attorney about the specific reasons the fight occurred and who started the altercation.
If you have an accident or injury at work, you should immediately report it to your supervisor and seek medical treatment, no matter whose fault it was. If you have a question about whether you are entitled to workers’ compensation benefits, please contact an attorney at Lewis & Lewis today.
