In most cases, California workers’ compensation will still provide benefits if you cause your own injury by making a mistake or being careless at work. The workers’ comp system does not require you to prove that someone else was at fault, and ordinary negligence, like misjudging the weight of a box or not seeing something in the hallway and slipping, does not block your right to benefits. Reach out to our workplace accident attorney in Los Angeles for legal assistance for your work injury.
That being said, some situations are excluded under the law.
Injuries Caused by Intoxication
If your intoxication from alcohol or the unlawful use of a controlled substance was a proximate or substantial cause of your injury, you could lose your right to workers’ compensation benefits. The insurance company will need too prove that you were intoxicated and that this directly led to your injury. They might use results from a drug or alcohol test taken soon after the accident as part of their evidence.
Intentionally Self-Inflicted Injuries
Workers’ compensation will not cover injuries that are intentionally self-inflicted. If your injury was not accidental and happened because you were trying to hurt yourself, benefits are not available under California law.
Injuries as the Initial Physical Aggressor
If you were injured while starting a physical fight at work, you can also be excluded from workers’ compensation benefits for those injuries. If someone else initiated the confrontation and you were not the initial aggressor, coverage may still exist for your injuries as a victim, depending on the circumstances.
When Can I File a Third-Party Personal Injury Claim If I Was Partly at Fault?
You may still have the right to file a third-party personal injury claim, even if you were partly to blame for your workplace accident. In California, if someone who isn’t your employer or a coworker also contributed to your injury, you can pursue a claim against that person or business. The fact that you made a mistake or were careless does not fully cancel out a third-party claim.
Even if you share some responsibility, you can still seek compensation in court. California’s comparative fault system ensures your compensation is just reduced by your own share of blame, instead of erasing your rights completely.
Can I Recover Pain and Suffering If I Was Partly at Fault?
Yes, you may still recover pain and suffering damages through a third-party personal injury lawsuit, even if you were partially to blame for your accident. However, California workers’ compensation does not pay for pain and suffering. The amount you receive will just be reduced by your share of responsibility for the accident.
Talk to a California Work Injury Lawyer
If you’re worried you were at fault, it doesn’t mean you don’t have a case. An attorney can help you figure out:
- If you are eligible for workers’ compensation
- Whether anyone else, like another business, driver, or manufacturer, also contributed
- If the insurance company is unfairly assigning too much blame to you
- How comparative fault may affect your potential recovery
If you have questions about the next steps or want to know what compensation might be available, our firm can help. Reach out to the Los Angeles personal injury attorneys from Grey Law today and schedule a free consultation.