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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.


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 (888) 499-6206 for a free initial case evaluation. We are available 24/7.