Can I Still Collect Worker’s Comp if the Accident Was My Fault?

If you’re hurt on the job, you may be entitled to workers’ compensation, which financially covers employees while they recover from injuries they received at work. However, one question that often gets asked about workers’ compensation is if an injured employee can still collect workers’ comp benefits if the accident was their fault.

No Fault in Workers’ Comp

The workers’ compensation in the U.S. is based on a trade-off: you can’t sue your employer (there are few exceptions) if they pay for your workplace injuries, regardless of who’s at fault. The only prerequisite for benefits is that you get hurt on the job; it doesn’t matter if it was completely your fault, or just partially. However, there are exceptions.

Misconduct

While workers’ comp provides financial aid to injured employees, there are ways they can be disqualified from these benefits. For example, if a workers is drunk or high when an accident occurs, that may disqualify them from workers’ compensation. Another example would be fighting or horseplay that ends up in an injury, which also may not be covered under workers’ compensation. If your misconduct is determined to be significantly outside the scope of work, you may not be covered.

If you have been involved in an accident at work, whether it was your fault or not, you may be entitled to financial benefits. Contact our Fort Lauderdale workers’ compensation lawyers at Rosenberg & Rosenberg, P.A. today to find out more about your case and how much compensation you may be able to receive. It doesn’t matter if your case requires litigation, a trial or an appeal; we are ready to fight for your rights. We are backed by more than 240 years of combined experience and have been serving the local community for nearly 5 decades.

Call +1 (954) 963-0444 for a free initial case evaluation. We are available 24/7.

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Elizabeth T
2 weeks ago
Attorney Frank Anglone, was very helpful and understanding, he fought for what I deserve and I highly recommend and I would do all over again if I could
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David Savery
3 weeks ago
Michelle and Ivan.
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Jeannette Castro
3 weeks ago
We are extremely satisfied with James Price and his team. From start to finish, James was professional, knowledgeable, and compassionate. He and his team answered all our calls and made sure everything was kept in order. They worked very hard on our case and made us feel that we mattered. I would gladly recommend James Price and the Rosenberg firm to anyone needing an attorney who truly cares.
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Mackendy St
3 weeks ago
Attorney James Price is an excellent attorney. I am very satisfied with the resolution of my case. My name is St. Hilaire Mackendy.
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Pamela Belfi
3 months ago
They are a great group of people... always patient and kind... My attorney Peter Andresky handled my case very professionally. I would recommend him very highly..
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Eric D
5 months ago
I highly recommend the law firm of Rosenberg & Rosenberg! Both Paralegal Michelle Helm and Attorney Peter Andresky were fantastic in handling both my workers' comp cases. Their communication was top-notch—they kept me informed every step of the way and made me feel confident throughout the process. Thank you for making a challenging situation so much easier.
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YawdBwoii A.T.
8 months ago
Man where do I start Frank Angione is an Amazing down to earth attorney who’s excellent in what he does which is win your legal case. For this to be my first ever case he definitely made it a breeze, I hardly had to ask questions because everything was so
thoroughly explained. If I could ever recommend anyone as your defense I would Definitely recommend 10/10 Frank Angione.
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Darren
8 months ago
I had a great experience working with David Krohn. He was very helpful, patient, and easy to talk to. He always kept me updated and made sure I understood what was happening with my case.

I really appreciate how hard he worked and how much he cared about getting a good outcome for me. That meant a lot.

I would definitely recommend David to anyone who needs a lawyer. He’s reliable, honest, and truly looks out for his clients.
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Lauren Miller
11 months ago
I had an amazing experience working with David Krohn. From the very beginning, he was honest, attentive, and highly knowledgeable. He kept me informed every step of the way, explained everything clearly, and always made me feel supported and confident throughout the entire process.

David worked hard on my case and truly went above and beyond to make sure I received the best possible outcome. His professionalism, compassion, and dedication really stand out. I’m extremely grateful for everything he did for me.

If you’re looking for a lawyer who genuinely cares and fights for you, I highly recommend David Krohn. He’s the one you want on your side.
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