Can I Get Workers’ Comp If the Injury Was My Fault?

If you’ve been injured on the job and the accident was your fault, you might be wondering: “Can I still get workers’ compensation?” This is a common concern among employees — and the good news is, in most cases, yes, you can still qualify for workers’ comp benefits, even if the injury was caused by your own mistake.

Let’s break down how fault works in workers’ compensation and when exceptions might apply.

Workers’ Compensation Is a No-Fault System

One of the key features of workers’ compensation is that it’s a no-fault system. That means:

You don’t have to prove your employer was at fault, and
You can still receive benefits even if your own error caused the injury.

Why? Because the purpose of workers’ compensation is to ensure injured employees get medical treatment and wage replacement without needing to sue their employer. It’s designed to streamline the process — and avoid long legal battles over who was to blame.

Example:
If you trip over your own shoelaces at work and break your wrist, you can still file a workers’ comp claim. It doesn’t matter that you caused the fall.

When Fault Does Matter

While the no-fault rule covers most workplace accidents, there are some important exceptions. You may be denied benefits if your injury occurred under certain circumstances, such as:

Intoxication or Drug Use

If you were under the influence of drugs or alcohol when the injury occurred, your claim could be denied — especially if impairment contributed to the accident.

Horseplay or Fighting

If you were injured while goofing off, engaging in horseplay, or starting a physical altercation, that could disqualify you from workers’ comp benefits.

Intentional Self-Harm

Workers’ comp does not cover injuries that were intentionally self-inflicted.

Criminal Activity or Policy Violations

If you were committing a crime or blatantly violating company safety policies at the time of the injury, benefits may be denied.

What You Can Get If Your Claim Is Approved

Even if the accident was your fault, once your claim is approved, workers’ compensation may cover:

Medical bills (doctor visits, surgery, medications, etc.)
Lost wages (partial replacement of income while you’re out of work)
Temporary or permanent disability benefits
Rehabilitation services

How to File a Claim (Even If You Think You Were at Fault)

If you’re hesitant to report the injury because it was your fault, don’t be. You still have rights — but you need to act quickly:

Report the injury to your employer as soon as possible (usually within a few days).
Seek medical treatment immediately and follow your doctor’s instructions.
File a workers’ compensation claim in accordance with your state’s procedures.
Keep documentation of everything: how the accident happened, your medical records, and communications with your employer.

When to Talk to a Lawyer

If your employer or the insurance company tries to deny your claim based on fault or accuses you of violating safety rules, it may be time to speak with a workers’ comp attorney. Legal help can be crucial if:

Your claim was unfairly denied
You’re being blamed for your own injury
You’re not receiving the benefits you’re entitled to

Final Thoughts

Just because the accident was your fault doesn’t mean you’re out of luck. In most situations, workers’ comp still protects you, even if you made a mistake. The system is designed to get injured workers the care and support they need — not to punish them for honest errors.

Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.

CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.