Does fault apply to workers’ comp cases?

In many accident cases, determining who is at fault is important. For instance, Pennsylvania uses comparative fault laws, meaning someone can seek compensation even if they were partially at fault, although the amount they receive may be reduced by their own liability. Someone who is more than 50% at fault can’t seek compensation at all.

If you’ve been injured on the job, you may wonder if fault plays a role. Perhaps you suffered a severe amputation injury and can no longer work, so you need substantial financial compensation. But your employer is claiming that you were at fault and caused the injury yourself, so your boss says they don’t need to pay you workers’ comp benefits. Is this true?

A no-fault system

No, this is not true, because the workers’ comp system is very different from traditional personal injury cases. It’s essentially a no-fault system. As long as you’re an eligible worker and were performing your job at the time of your injury, you typically already qualify for benefits.

The main time fault may play a role is if you’re considering a third-party lawsuit. For example, your injury may have happened on the job, but you blame a tool manufacturer for selling the company a defective or dangerous device. In that case, the fault of other party may impact your case – but your own fault does not affect your ability to seek workers’ comp benefits.

Seeking benefits

It’s very important to get the compensation you truly deserve, so be sure you know what steps to take, especially if you and your employer are involved in a dispute or disagreement.