Apr 8, 2019

Can Partially At-Fault Employees Receive Workers’ Compensation?

Workers’ compensation insurance covers the medical costs of employees who have sustained an on-the-job injury. Stress and strain, inadequate training, and workplace accidents are all common causes of injury, and bases for workers’ compensation claims.

Contrary to popular belief, an employer doesn’t always have to be proven as a negligent party for their injured employees to receive workers’ compensation benefits. In fact, an injured worker can be entitled to compensation even if they are partially at fault for their injuries.

“No-Fault” Workers’ Compensation Laws in the State of Georgia

Workers’ compensation law in Georgia follows “no-fault” principles. Under a no-fault system, the liability for an injury does not affect the benefits the hurt employee receives. Georgia workers are not required to prove that their employer or any other person was responsible for their injury to recover compensation.

The absence of a fault requirement in Georgia state workers’ compensation law means even employees who are partially at fault for their injuries are entitled to benefits. This includes “injuries resulting from haste and inattentiveness,” as is described in the Georgia State Board of Workers’ Compensation Employee Handbook.

Situations in which an At-Fault Employee Would Not Receive Workers’ Compensation Benefits

Although Georgia’s no-fault policies allow for employees to receive workers’ compensation payment even if they were partially responsible for their injuries, there are some exceptions.

In general, a hurt employee will not be able to successfully recover workers’ compensation benefits if:

• They were under the influence of drugs or alcohol when they were injured.
• They were injured while and/or as a result of committing a crime.
• Their injuries resulted from engaging in behavior that violated their employer’s guidelines and safety regulations.
• Any type of “willful misconduct” caused the injury.

All workers’ compensation claims are decided on a case-by-case basis, and the specific circumstances for a claim could lead to exceptions to these rules. A universal truth in the realm of workers’ compensation claims is to speak with an attorney about your situation. Hansford McDaniel LLC team can evaluate your case and craft a strategy for proceeding.

Call (770) 741-2825 or send us a message to request your free initial consultation. We speak Spanish, Bosnian, Croatian, and Serbian!