05/01/2025
Fully or Partially Responsible for an Injury at Work?
Suffering an injury at work is overwhelming, but what if you were partially or fully responsible for the accident? You may wonder, “Does fault affect workers’ comp?” The good news is that North Carolina follows a no-fault workers’ compensation system, meaning that most injured workers can receive benefits regardless of who was at fault. However, there are nuances to consider when an employee’s actions contribute to their injury.
Let’s explore how workers’ comp fault rules apply in such cases and what legal options you may have.
Understanding No-Fault Workers’ Compensation
The workers’ compensation system is designed to provide medical benefits and wage replacement to injured workers without requiring them to prove that their employer was negligent.
In a no-fault workers’ compensation system such as North Carolina’s, you do not have to show that your employer or a coworker caused your injury. This means that even if you were partially or completely at fault for a workplace injury, you may still be eligible for benefits.
However, there are exceptions. If your injury resulted from misconduct, such as intoxication or intentional self-harm, your claim could be denied. Understanding the fine line between employer negligence vs. employee fault is essential when navigating your case.
Can You Receive Workers’ Compensation if You Were Partially at Fault?
Many workers worry that partial fault in a workplace injury will disqualify them from receiving benefits. However, under workers’ comp eligibility guidelines, you can still receive compensation even if your actions played a role in the incident.
For example, if you were injured while failing to follow a safety protocol, your claim will likely still be valid. If an employee willfully fails to follow a safety protocol or use a safety device, an employer may be able to pay reduced benefits.
We find that employees who do not use safety devices are usually doing that because the devices provided are inadequate or they have not been properly trained. If your employer failed to provide adequate safety training or equipment, their negligence could outweigh any minor mistakes on your part.
Employer Negligence vs. Employee Fault: When Does It Matter?
While workers’ compensation is generally no-fault, there are cases where negligence and fault become important. If an employee is injured due to the actions of third party, there is often the ability to file a separate claim for benefits. Some situations where employees are often injured due to third parties include:
- A separate sub-contractor on a job site causes the injury
- An employee who drives for work is injured by another driver
- An outside company is responsible for maintenance of equipment or or facilities and their negligence causes injury
In such cases, you may have grounds for a third-party lawsuit against the third party that caused your injury, which could provide additional compensation beyond what workers’ comp covers.
Exceptions Under Workplace Injury Fault Laws
While workplace injury fault laws generally protect employees, certain behaviors can disqualify a worker from receiving benefits. These include:
- Intent to harm another:
The aggressor in a fight cannot collect benefits. If you are assaulted due to no fault of your own, you are still entitled to workers’ comp benefits. - Drug or Alcohol Use:
If an investigation shows that you were intoxicated at the time of your injury and the intoxication caused your injury, your claim could be rejected. - Intentional Self-Harm:
Workers’ comp does not cover self-inflicted injuries.
Understanding these exceptions is critical to ensuring that your claim is processed fairly.
Steps to Take If You Are Concerned About Fault in Your Workplace Injury
If you believe that fault could be a factor in your claim, here are steps you should take:
- Report the Injury Immediately:
Notify your employer as soon as possible and document the circumstances surrounding the accident. - Seek Medical Treatment:
Even if your injury seems minor, obtaining a medical evaluation will provide necessary documentation. - Gather Evidence:
Save copies of any documents or reports, photos of the accident scene, and any safety records that could support your claim. - Consult a Workers’ Compensation Attorney:
An experienced lawyer, such as those at Deuterman Law Group, can help you navigate the complexities of workers’ comp fault rules and ensure you receive the benefits you deserve.
How an Attorney Can Help in Workers’ Compensation Cases
Navigating a workers’ compensation claim can be complex, especially if fault is being questioned. Hiring an experienced attorney can make a significant difference in your case. A workers’ comp lawyer can:
- Advocate for Your Rights:
Ensure that your claim is handled fairly and that you receive the compensation you deserve. - Gather and Present Evidence:
Collect medical records, expert testimony, and workplace safety reports to support your claim. - Challenge a Denied Claim:
If your claim has been denied, an attorney can help you appeal and fight for your benefits. - Pursue Additional Compensation:
If employer negligence is a factor, a lawyer can explore the possibility of a third-party lawsuit for additional damages.
With the right legal guidance, you can navigate the complexities of your claim with confidence and secure the benefits you rightfully deserve.
Final Thoughts
If you were injured on the job and are worried about fault, remember that workers’ compensation is designed to protect employees, regardless of whether they made a mistake. While there are exceptions, most cases allow injured workers to receive benefits, even if they bear some responsibility for the incident.
At Deuterman Law Group, we are committed to fighting for injured workers’ rights. If you have questions about your eligibility or need legal guidance, contact us today for a free consultation. We’ll help you understand your rights under workplace injury fault laws and work to secure the compensation you deserve.
