If you are hurt while on the job, and you were partially at fault, it is natural to ask, “Do you get workers comp if it’s your fault?” The good news is that Pennsylvania’s workers’ compensation is often referred to as a “no-fault” system. This means you could still receive benefits even if you are partially or entirely responsible.
Who Can Collect Workers’ Comp in PA?
Workers’ compensation benefits in Pennsylvania are available to most employees who suffer injuries while on the job. Whether you’re a construction worker, office employee, or nurse, if you are someone’s employee and you’re hurt while performing work duties, you may be entitled to benefits. These benefits cover the following:
- Your resulting medical expenses
- A portion of your lost wages from being off work
- Rehabilitation if required
The most important factor is that the injury must happen while you’re performing your job duties. For example, if you are injured while operating machinery or slipping on a wet floor, you may be entitled to receive workers’ compensation benefits.
What If I Caused My Accident?
Under Pennsylvania’s workers’ compensation system, you can receive benefits regardless of who caused the accident as long as it occurred while you were performing your job duties. If you were distracted, misjudged a situation, or made an honest mistake, it generally does not matter. Workers’ compensation benefits help you recover and get back on your feet.
For example, if you tripped over your own tools or did not follow safety procedures perfectly, you may still qualify. The key question isn’t whether you made a mistake but whether the injury happened while working.
However, there are some exceptions. If the injury happens because you were intoxicated on the job or intentionally harmed yourself, you won’t qualify for workers’ comp benefits. The employer or their insurance company could deny your claim in these cases.
Exceptions to Being Partially or Totally At Fault
Even though most workplace accidents are covered, there are some limits that still apply. In addition to the two instances mentioned above, you may lose eligibility for workers’ compensation benefits if you were violating the law or company policy in a way that directly caused the injury.
For instance, if you ignored mandatory safety equipment rules and got hurt, your employer might argue that your actions disqualify you from benefits. However, these cases can be challenging. For this reason, it is crucial to speak with a knowledgeable attorney. A knowledgeable workers’ comp attorney can help you determine whether an injury you suffered at work is covered by workers’ comp.
Contact Our Pennsylvania Workers’ Compensation Lawyers Today
If you are unsure about your rights after a workplace accident, Calhoon & Kaminsky P.C. can help. Our team understands how confusing and stressful this process can be. We can help you pursue the benefits you’re entitled to, even if you think you played a role in your accident.
Call our Pennsylvania workers’ compensation lawyers today or contact us online for a free case evaluation.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
