Can I Receive Workers Compensation if I am at Fault for the Accident? 

Can I Receive Workers Compensation if I am at Fault for the Accident? 

Navigating the aftermath of a work-related injury can be overwhelming, especially if an employee believes they may be partially at fault for an accident. It’s important to understand how workers comp laws address fault and its influence on an employee’s eligibility for compensation. At Waple & Houk, PLLC, we recognize the stress you’re facing and are here to help. If you were injured on the job, we can help you determine how fault influences your compensation claim. 

The “No Fault” Workers’ Compensation System in North Carolina

An important aspect of workers’ compensation law in North Carolina is its “no fault” nature. This system allows swift and fair compensation to injured workers, even if they were partially at fault for the incident that caused the injury. The primary goal is to help injured employees seek the necessary medical care and wage replacement quickly, without the delay of lengthy legal battles over fault.

How Fault Affects Eligibility for Benefits

Under North Carolina law, even if you were partially or entirely at fault for the accident, you are generally still eligible to receive workers’ compensation benefits. This includes coverage for medical expenses and a portion of lost wages during your recovery. The rationale behind this system is to avoid protracted disputes over fault, which can delay essential support for injured workers.

However, there are specific circumstances where fault could impact your claim. For instance, if it is proven that you were under the influence of drugs or alcohol at the time of the accident, or if you intentionally harmed yourself or started an altercation, your claim could be denied. These exceptions are in place to maintain fairness and discourage unsafe practices that put employees at risk.

Exceptions and Limitations to Consider

While the “no-fault” system generally protects your right to compensation regardless of fault, understanding the limitations is crucial. North Carolina allows for “Woodson” claims, where an employee can sue an employer if their actions were so egregiously negligent that injury was almost certain to occur. Additionally, employers might seek a reduction in benefits if an employee willfully violated known safety regulations leading to their injury, although such reductions are rare.

These exceptions highlight the importance of having knowledgeable legal representation to navigate the nuances of your particular case. At Waple & Houk, PLLC, we leverage our comprehensive understanding of these laws to advocate effectively on your behalf.

Seek Professional Guidance After a Work Injury

The key takeaway is that in most situations, being at fault does not bar you from receiving workers’ compensation benefits in North Carolina. An attorney can help you understand your situation and progress toward a settlement you deserve. Remember, every case is different, and understanding the specific details and exceptions that might apply to your situation is crucial for securing the benefits you need.

At Waple & Houk, PLLC, our dedicated team is here to provide personalized legal advice and representation to help you navigate your workers’ compensation claims. Contact us for a consultation to discuss your case and explore the best path forward. Let us be your advocates during this challenging time.