One Call, That’s All

What Happens If I’m Partially at Fault for My Workplace Injury?

If you’ve been hurt at work and believe you might share some blame for your accident, you’re not alone. Work injuries often involve multiple people, and sometimes employees do play a role in what happened. However, that doesn’t necessarily mean you lose your right to compensation. Understanding how shared fault works can help you protect your benefits and explore potential legal options.

Understanding Workplace Injury Liability 

When you’re dealing with a workplace injury, it’s important to know how different types of claims treat the concept of fault. While some systems focus solely on whether you were hurt on the job, others consider who caused the accident. 

No-Fault Workers’ Compensation System 

Workers’ compensation is considered a no-fault system. This means you generally don’t have to prove your employer caused your injury. You just need to show that you were hurt while performing your job duties. If approved, you typically receive benefits like medical expense coverage and partial wage replacement, regardless of who’s at fault for the accident. If you’re partially at fault for your injury, this shouldn’t affect your claim either, except in limited circumstances. Note that if you are having issues with workers’ compensation, reach out to our Los Angeles workers’ compensation attorney today.

When Fault Could Affect a Workers’ Compensation Claim

While workers’ comp operates on a no-fault basis, there are exceptions to that rule. In these situations, you might lose or reduce your benefits if you share some responsibility for the accident. Below are a few instances to be aware of:

Horseplay or Roughhousing 

If you were hurt while participating in over-the-top stunts or jokes with coworkers, your employer and the insurance company might argue that your injuries didn’t happen as a normal part of your job. If they succeed, you could lose your right to workers’ compensation benefits.

Alcohol or Drug Use 

Being under the influence while on the job can undermine your claim. If your injuries are closely linked to substance use, or if your employer can show that your impairment caused the accident, you may not receive any workers’ comp benefits.

Deliberate Intent 

If you intentionally hurt yourself or acted in a way that purposefully invited harm, workers’ comp might not have to cover your medical bills or lost wages. Deliberate wrongdoing generally excludes you from receiving benefits.

Liability in Personal Injury Cases 

In personal injury cases, you are required to show that negligence caused your injuries, and your compensation could be affected if you share in the fault. This type of claim is usually filed when someone other than your employer is at fault – like a co-worker, manufacturing company, or subcontractor.  

How Being at Fault Affects Personal Injury Claims

California applies what’s called a pure comparative negligence standard for personal injury cases. Under this system, if you’re partially responsible for your own injury, your monetary award is reduced by the percentage of fault that’s assigned to you. For example, if a jury decides your damages total $100,000, but also determines you were 30% at fault for the accident, you’d receive 70% of that amount (or $70,000). 

If you decide that [name of plaintiff]’s negligence combined with [name of defendant]’s [negligence/conduct/product] in causing [name of plaintiff]’s harm, then you must decide the percentage of responsibility for the harm that you attribute to each of them. First, decide the total amount of [name of plaintiff]’s damages. Then decide the percentage of responsibility that [name of plaintiff] and [name of defendant] have for the damages. Then reduce the total damages by the percentage of responsibility that you attribute to [name of plaintiff]. After you make these calculations, state the reduced damage award in your verdict. 

Even if you share a significant portion of the blame, you can still sue and potentially recover some compensation. However, the more fault a court or insurance company assigns to you, the lower your final payout will be. 

If you have any questions about workplace accidents and recovering compensation, reach out today as soon as possible to schedule a free consultation with a work injury lawyer in Los Angeles

This site is registered on wpml.org as a development site.