If you are injured at work, you may wonder if you can still make a workers’ comp claim even if you were at fault. The answer is maybe. It depends on the laws of your state and the specifics of your accident.
In general, workers’ compensation is a no-fault system, which means you can receive benefits even if you were at fault for the accident. However, there are some exceptions to this rule. For example, if you were intoxicated at the time of the accident, you may not be eligible for benefits.
Read on to learn whether you can still make a workers’ compensation claim if you are at fault!
If you were at fault for the accident, can you still file a claim in California?
Yes, you may still be eligible for workers’ compensation benefits if you were at fault for the accident. California is a “no-fault” state regarding workers’ compensation, which means you do not need to prove that your employer was at fault for the accident to receive benefits.
However, there are some exceptions to this rule. If you were intoxicated at the time of the accident, you would not be eligible for benefits. Additionally, if your employer can prove that you were intentionally and recklessly disregarding safety rules, you may also be ineligible for benefits.
If you have been injured at work, you must speak to an experienced workers’ compensation attorney to learn more about your rights and whether you may be eligible for benefits.
Can Being at Fault Affect your Settlement?
No, being at fault will not impact your workers’ compensation settlement. Your settlement will be based on the severity of your injuries and the time you need to recover.
However, if your employer can prove that you were intoxicated at the time of the accident, you will not be eligible for benefits. Additionally, if your employer can prove that you were intentionally and recklessly disregarding safety rules, you may also be ineligible for benefits.
If you have been injured at work, you must speak to an experienced workers’ compensation attorney to learn more about your rights and whether you may be eligible for benefits.
What if your Employer was at Fault?
If your employer was at fault for the accident, you might still be eligible for workers’ compensation benefits. However, if your employer can prove that you were also at fault for the accident, they may be able to reduce or deny your benefits.
Speaking to an experienced workers’ compensation attorney is important to learn more about your rights and whether you may be eligible for benefits.
Steps to Filing a Workers’ Comp Claim in California
If you have been injured at work, you may wonder how to file a workers’ comp claim in California. The process can be confusing, but here are the basic steps:
- Report the accident to your employer.
- See a doctor for your injuries.
- Fill out a workers’ compensation claim form.
- Submit your claim form to your employer and the workers’ compensation insurance company.
- Your employer and the insurance company will review your claim and decide.
- If your claim is approved, you will start receiving benefits. If your claim is denied, you can appeal the decision.
If you have been injured at work, you must speak to an experienced workers’ compensation attorney to learn more about your rights and the claim process.
How Can a Workers’ Compensation Attorney Help You?
A workers’ compensation attorney can help you in several ways. They can help you fill out your workers’ comp claim form, help you appeal a denied claim, and represent you in court if necessary.
If you have been injured at work, you must speak to an experienced workers’ compensation attorney to learn more about your rights and whether you may be eligible for benefits.
In conclusion, if you were at fault for your work-related injury, you may still be able to file a workers’ compensation claim. However, each state has different laws regarding workers’ compensation, so it is important to contact an attorney to discuss your specific case. At Gaylord and Nantais, we have over 40+ years of experience helping injured workers get the compensation they deserve. Contact us today at (562) 561-2669 to schedule a free consultation.
