Can I Receive Workers' Compensation Benefits if the Injury Was My Fault?
Were you injured while on the job in Chambersburg, Gettysburg, or elsewhere in Pennsylvania? You have the right to file for workers’ compensation benefits. You may be wondering: Can I still get compensation if I caused my own accident? In Pennsylvania, the answer is “yes”—though there are some limited exceptions. Within this article, our Chambersburg workers’ comp lawyer explains the key things to know about fault and work injury benefits in Pennsylvania.
You Can Still Seek Workers’ Comp Benefits Even if the Accident Was Your Fault
First and foremost, it is important to emphasize that you absolutely can still seek workers’ comp benefits even if you were at fault for your own accident. The purpose of workers’ compensation is to ensure that injured workers get the medical treatment and wage replacement they need to recover and return to work. As explained by the Pennsylvania Department of Labor and Industry, workers’ compensation provides benefits “for employees who are injured as a result of employment without regard to fault.” That you were at fault does not disqualify you from benefits. You should still file for workers’ comp even if you caused your injury.
Know the Exceptions: When a Workers’ Comp Claim Could Be Denied
While workers’ compensation is a no-fault system, there are circumstances under which a claim could be denied due to the worker’s actions. Here are the key exceptions in Pennsylvania:
- Intoxication or Drug Use: If you were under the influence of alcohol or illegal drugs at the time of the accident, your claim may be denied. Employers may even require post-accident drug testing to assess this matter if intoxication is suspected.
- Intentional Self-Harm: Workers’ compensation does not cover injuries that are self-inflicted, including those that occur as part of a deliberate act. If you hurt yourself on purpose, your claim could be denied.
- Violation of Company Policy: If the injury resulted from gross misconduct, such as ignoring mandatory safety rules or engaging in prohibited activities, your claim might face rejection. However, it will depend on the specific nature of the company policy in question.
- Horseplay/Reckless Behavior: Finally, in some cases, workplace injuries sustained during unauthorized horseplay or reckless conduct unrelated to your job duties may not be covered by workers’ compensation insurance in Pennsylvania.
If your claim is denied based on one of these exceptions, you are not necessarily out of options. Your employer does not have the final say. A top-tier Pennsylvania workers’ comp lawyer can review your case, investigate your accident, gather evidence, and prepare for an appeal.
Contact Our Pennsylvania Workers’ Comp Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ compensation attorney has the professional expertise that you can rely on. If you were hurt on the job and you believe that it was your fault, we can help. Contact us today for your free no-obligation case review. With offices in Chambersburg and Gettysburg, we fight for injured workers throughout the entire region.
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