In most cases, you are still entitled to workers’ compensation benefits if you were partially at fault for your own injuries. California uses a no-fault system in workers’ comp, as do most states. The employee doesn’t have to prove the employer did anything wrong, and vice versa. This is a trade off to protect workers and employers from more expensive costs associated with litigation. However, your employer may try to avoid payment using various tactics.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys can help, even if you are partially or completely at fault from your own work injury. We guide you through the process and help when your rights are violated.
California Workers’ Compensation Is a No-Fault System
State law gives workers benefits even if they themselves caused the accident. If the injury arose out of the course of employment:
- You can be partly responsible and still qualify.
- You do not have to prove negligence by your employer.
- Your employer cannot deny your claim simply because you made an error.
In most cases, it doesn’t matter who caused the accident so long as it happened while you were working, or arising from your employment. Of course, there can be exceptions, but never trust your employer if they claim they don’t owe you benefits.
Examples of When You Can Still Get Benefits: Even If You Were Partly at Fault
A lot of work injuries are partly the workers’ fault too. You can still get compensation in most cases. Common examples include:
- You slipped because you weren’t watching where you were walking.
- You misused a tool or piece of equipment.
- You forgot to wear certain protective gear.
- You made a mistake while lifting, carrying, or operating machinery.
- You were rushing to finish a task and got hurt.
As long as you were performing work duties and not engaging in prohibited behavior, workers’ compensation should still apply.
When Fault Can Affect Your Right to Benefits
Although California’s system is no-fault, there are limited situations where benefits may be denied. These exceptions are narrow and require specific proof.
Intoxication or Drug Use
If your injury was caused solely because you were drunk or intoxicated by drugs, your benefits might be denied. However, the burden to prove this is high, and a positive alcohol or drug test alone is usually not enough to deny benefits.
Horseplay or Fighting
If you were the initial aggressor in a fight or were engaging in reckless horseplay unrelated to work, your claim may be denied. But if you were a victim or a bystander, you are still protected.
Intentional Self-Harm
Workers’ compensation does not cover injuries that are intentionally self-inflicted.
Off-Duty or Non-Work Activities
If you were injured while doing something completely unrelated to your job, the claim may be denied. However, many gray areas exist. This is especially true for workers who:
- Travel
- Work off-site
- Perform tasks outside normal hours.
What Benefits You Can Receive Even If You Were Partly at Fault
If your injury is covered, you may be entitled to several types of benefits:
- Medical treatment for all reasonable and necessary care.
- Temporary disability payments if you cannot work while recovering.
- Permanent disability benefits if the injury leaves lasting limitations.
- Job displacement benefits if you cannot return to your old job.
- Death benefits for surviving dependents in fatal cases.
Your level of fault does not reduce or limit these benefits.
Why Employers Sometimes Claim You Were at Fault
Even though fault usually doesn’t matter, some employers or insurance companies try to use it as a tactic to:
- Discourage you from filing a claim.
- Shift blame away from unsafe conditions.
- Delay or deny benefits.
- Pressure you into returning to work too soon.
These arguments often have no legal basis. Don’t assume the employer is right if they make this argument, and consult an attorney to protect yourself.
Let a California Workers’ Compensation Attorney Protect Your Rights
You have rights that deserve protection. Even if your employer tries to shift blame or deny your benefits, you have the right to pursue compensation.Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.