Sep 2, 2020

Can I Still Get Benefits If I Caused my Own Work Injury?

There are many reasons why injured workers may choose not to pursue workers’ comp benefits, but many of them are based on common misconceptions or even statements said by their employers.

One of the most misconceptions is that an injured worker cannot successfully file a workers’ compensation claim if they caused their own injury. Below, we debunk this myth and explain how fault plays a role in Georgia workers’ compensation claims.

Georgia Workers’ Compensation and No-Fault System

Like many other states, Georgia follows a ‘no-fault” system when it comes to workers’ compensation. This means a worker can obtain workers’ comp benefits for an injury sustained on the job, regardless of whether the employee was at fault or contributed to the related accident in any way.

It’s important to note that this general no-fault rule does have limits. There are circumstances or situations where an employer may not be able to pursue benefits, such as in the following cases:

  • Horseplay. The employer was injured as a result of “horseplay” (fooling around, showing off, playing, etc.).

  • Self-inflicted injury or fighting. The worker was in a physical altercation with another person or tried to cause an injury to himself or herself.

  • Drug or alcohol impairment. The worker’s accident was the result of alcohol or drug use.

  • Third-party liability. Another party was the cause of the accident, such as another person or a defective piece of equipment.

Protecting the Rights of Injured Workers Across Atlanta

In many instances, an accident may seem like your fault, but it could be the result of an employer’s failure to maintain a safe and hazard-free workplace. The insurance company investigating your workers’ comp claim may try to gather evidence to show that you were at fault and one of the above situations applied, therefore denying your benefits.

To prevent your claim from being denied from the beginning, it’s crucial that you hire a seasoned workers’ comp attorney who can gather all the necessary facts and ensure your case is built on solid evidence.

Whatever the situation of your work accident, turn to Hansford McDaniel LLC for help pursuing your rightful benefits.

Contact our firm at (770) 741-2825 to get started on your case.