Receiving Workers' Compensation When You're at Fault for the Injury

Getting injured on the job is difficult to deal with, but workers’ compensation often covers your medical costs. While many people believe this insurance only covers injuries and illnesses that are the employer’s fault, it covers injuries that are the employee’s fault. For example, if an employee steps wrong and falls down the stairs, those injuries would likely be covered by workers’ compensation. There are some exceptions to that rule.

Intentional Injuries

Although injuries caused by the actual employee are covered by workers’ compensation, the rule does not apply if the injury was intentional. Some employees will do this to gain compensation, and that is considered fraud and illegal. If it is determined that you “tripped” and fell down the stairs on purpose, you’re likely going to be fired and face your legal problems.

Violent Incitement

If your injury was the result of a violent act that you incited, you wouldn’t qualify for workers’ compensation. For example, if you and a coworker disagreed about something and you punched that coworker, the injuries that came from the resulting fight would be your fault and not be covered under workers’ compensation. If your coworker took the first punch and you were just trying to defend yourself when your injuries occurred, you would more likely be able to receive workers’ compensation.


When you show up to work intoxicated, you’re likely going to face some negative consequences simply for doing so. If you are injured as a result of your intoxication, you will generally not be able to receive compensation if you caused the injury. An exception might be if you were intoxicated, but did not cause the injury. For example, if you were minding your own business and trying to work at your desk when the ceiling collapsed on top of you, the fact that you were intoxicated would have nothing to do with the injury and would not be a reason to deny you compensation.

Getting Your Lawyer on the Case When you are injured while on the job, you are usually entitled to workers’ compensation, even if the injury was your fault. There are some exceptions to the rule, however, so you might need a lawyer’s help to sort through the facts. Contact a workplace retaliation lawyer from a law firm like Davie & Valdez, P.C. today so you can get someone on the case to fight for your rights.