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Can I Receive Workers' Compensation Benefits if the Injury Was My Fault?

Were you hurt at work? Do you believe that the accident may have been (at least in part) your fault? You may be wondering if you can still file for workers’ comp benefits. In Pennsylvania, the answer is “yes”—you can still receive workers’ comp even if the accident was partially or fully your fault. Here, our Delaware County workers’ compensation attorney explains the key points to know about seeking workers’ comp benefits if the injury was your fault in Pennsylvania.

Workers’ Compensation Benefits are No Fault in Pennsylvania

As a general matter, fault is not a factor in a workers’ compensation claim in Pennsylvania. The reason is that workers’ compensation benefits in Pennsylvania are no fault. An injured employee does not have to prove employer negligence to receive benefits. As a result, employees can focus on recovery rather than establishing fault to secure their benefits. Notably, you can still recover workers’ compensation benefits in Delaware County or elsewhere in Pennsylvania, even if you were at fault for causing your own accident. That you were at fault for your own injuries is not an automatic defense for an employer/insurer under Commonwealth law. Quite the contrary, you will typically still qualify for benefits even if you were at fault.

The Exceptions: Defenses Against a Workers’ Comp Claim Based on Fault

While an employee in Pennsylvania can still seek workers’ compensation benefits even if they were at fault for their own job-related accident, there are some exceptions to the rule. Here are the situations in which an employer may be able to defend a workers’ comp claim based on fault:

Contact Our Delaware County Workers’ Comp Attorneys for Immediate Help

At Schmidt, Kirifides, Rassias, & Rio, our Delaware County workers’ comp lawyers are standing by, ready to protect your rights and your interests. If you have any questions or concerns about workers’ comp claims and faults, please do not hesitate to contact us today for a free case review. We provide workers’ comp representation throughout the surrounding region in Delaware County.