Do You Get Workers’ Comp If It’s Your Fault?

Injuries in the workplace are common. They can happen to anyone at any time. Even if you’re the most careful worker, you’re still at risk. The good news is if you’re injured at work, you’ll receive compensation through the workers’ compensation system.

But what if you’re not the most careful person? Or what if you usually are and you slip up? Do you get workers comp if it’s your fault?

Are you Eligible for Workers’ Comp If an Injury is Your Fault?

The short answer is yes.

However, in some cases, it might depend on the circumstances. Furthermore, Maryland’s contributory negligence law makes it easier for insurance companies to deny all personal injury claims, including workers’ compensation claims.

Typically, workers’ comp is a “no-fault” system. This means that employees are entitled to benefits regardless of who is to blame for the injury. If an injury was caused by the employee’s intentional misconduct, use of drugs or alcohol, or violation of company policies, the employee may not be eligible for workers’ comp benefits.

Workers’ Comp Investigation

To determine whether or not you’re eligible for benefits, the insurance company will investigate the circumstances surrounding your injury. They’ll take into account any eyewitness statements, medical records, and any other evidence related to the accident. If they determine that your own misconduct caused the injury, they may deny your workers’ comp claim.

If you caused your injury while engaging in horseplay or acting recklessly, your claim will likely be denied. It’s important to remember that workers’ comp benefits are not intended to cover injuries that result from your own foolish behavior.

However, benefits aren’t automatically denied because of a mistake or momentary lapse in judgment. For example, if you were distracted for a moment and didn’t see a hazard, causing you to slip and fall, you could still be eligible for workers’ comp.

It’s important to note that even if you’re found to be partially responsible for your injury, you may still receive benefits in some cases. However, most states operate on a “comparative negligence” system. Maryland, on the other hand, is not a comparative negligence state. It’s a contributory negligence state. This makes it easier for insurance companies to reject claims in Maryland.

Work with an Experienced Workers’ Comp Attorney

This is one of the many reasons it’s important to work with an experienced workers’ compensation attorney. Workers’ compensation is a no-fault system in many cases. It’s designed to protect injured workers, who deserve the benefits that are available to you. However, collecting your benefits is not always as easy as it seems.

For more information or to schedule a consultation to discuss your optiohs if you’ve been injured, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.