Many injured workers worry that they can’t receive workers compensation benefits because they made a mistake that contributed to their accident. As a Baton Rouge workers compensation lawyer, I want you to understand that Louisiana’s workers comp system protects you even when you’re partially or even primarily at fault for your injury.
Workers Comp Is a No-Fault System
The fundamental principle of workers compensation is that it’s a no-fault insurance system. This means you can receive benefits regardless of who caused the accident or injury. Whether your injury resulted from your employer’s negligence, a coworker’s error, your own mistake, unsafe working conditions, or just bad luck, you’re still entitled to workers comp benefits as long as the injury is work-related.
This no-fault principle exists for good reasons. Workplace accidents often involve multiple factors and determining precise fault can be difficult and time-consuming. If workers had to prove their employer was at fault to get benefits, many legitimate claims would fail and injured workers would go without necessary medical care. The system prioritizes getting injured workers the help they need quickly, without getting bogged down in fault determinations.
Common Worker Mistakes That Don’t Bar Benefits
I’ve represented workers who received full benefits despite making various mistakes including failing to wear required safety equipment, operating machinery improperly, not following safety protocols, lifting incorrectly and injuring their back, slipping because they weren’t paying attention to where they were walking, and numerous other human errors.
In all these cases, the workers still received their workers comp benefits. The insurance company might argue that the worker’s negligence caused the injury, but under Louisiana law, that argument doesn’t matter. Worker negligence is not a defense to a workers comp claim.
The Exceptions: When Your Conduct Can Affect Benefits
While the no-fault system is broad, Louisiana law does include limited exceptions where worker conduct can disqualify you from benefits. If you were intoxicated or under the influence of illegal drugs at the time of injury, if you intentionally self-inflicted the injury, if you intentionally injured someone else and were injured in the process, or if you were violating the law at the time of injury, your claim may be denied.
However, even these exceptions are narrowly construed. The burden of proof is on the employer and insurance company to prove the exception applies. They must show not just that you were intoxicated, but that the intoxication was the cause of your injury. If you can prove your injury would have happened regardless of intoxication, you may still receive benefits.
The Intoxication Defense
The intoxication defense is the most commonly raised exception to workers comp coverage. Employers often require drug and alcohol testing after workplace accidents hoping to deny claims based on positive test results. However, a positive test alone doesn’t automatically disqualify you from benefits.
The employer must prove that your intoxication was the cause of your injury. If your injury would have occurred regardless of whether you were intoxicated, you can still receive benefits. For example, if a piece of machinery malfunctioned and injured you, the fact that you had alcohol in your system may be irrelevant if the injury would have happened to any worker operating that machine.
Additionally, the test must be conducted properly. If the employer violated testing procedures, collected the sample incorrectly, or didn’t have proper chain of custody, the test results may not be admissible evidence. A workers comp lawyer can challenge improper drug testing and fight to protect your benefits.
Willful Violations of Safety Rules
Some employers try to deny claims by arguing the worker willfully violated safety rules. However, under Louisiana law, even willful violation of safety rules doesn’t disqualify you from workers comp benefits. The no-fault system covers injuries even when the worker knowingly violated safety protocols.
The only exception is if the violation was so egregious and intentional that it rises to the level of intentional self-harm, which is extremely difficult for employers to prove. Simply not wearing safety goggles, failing to use a safety harness, or operating equipment without proper training doesn’t meet this standard.
Comparative Fault Doesn’t Apply
If you’re familiar with personal injury law, you may have heard of comparative fault or contributory negligence. These doctrines reduce your compensation based on your percentage of fault in causing an accident. However, these concepts do not apply to workers compensation. Your benefits are not reduced because you were partially at fault. You receive the same benefits whether you were zero percent at fault or 99 percent at fault, as long as your conduct doesn’t fall into one of the narrow exceptions.
How Fault Affects Third-Party Claims
While your own fault doesn’t affect your workers comp benefits, it can affect third-party personal injury claims. If a third party caused your workplace injury and you file a personal injury lawsuit against them, comparative fault rules do apply. If you were partially at fault, your personal injury recovery may be reduced by your percentage of fault.
For example, if another driver caused a crash while you were driving for work, you can receive full workers comp benefits regardless of fault. However, if you file a personal injury claim against the other driver and you were 20 percent at fault for the accident, your personal injury damages would be reduced by 20 percent. This is why having a Baton Rouge workers compensation lawyer who understands both workers comp and personal injury law is valuable.
Don’t Admit Fault
Even though your fault generally doesn’t affect workers comp benefits, you should still be careful about admitting fault after a workplace accident. Don’t make recorded statements to insurance adjusters without consulting a lawyer. Don’t sign any documents admitting you violated safety rules. Don’t post about the accident on social media suggesting it was your fault.
While these admissions won’t necessarily bar your workers comp claim, they can complicate your case and be used against you if you have potential third-party claims. Insurance companies will try to use your statements to deny or reduce your benefits. Always consult with a workers comp lawyer before giving detailed statements about how your accident occurred.
Employer Negligence Doesn’t Increase Benefits
Just as your fault doesn’t reduce benefits, your employer’s fault doesn’t increase them. Even if your injury resulted entirely from your employer’s gross negligence or safety violations, your workers comp benefits are the same as if the injury was purely accidental. Workers comp benefits are calculated based on your wages and your injury, not based on fault.
However, in extreme cases where your employer intentionally caused your injury or acted with intentional wrongdoing, you might have a personal injury claim against your employer outside the workers comp system. These cases are rare and difficult to prove, but they’re worth exploring with a lawyer if your employer’s conduct was truly egregious.
Focus on Proving Your Injury Is Work-Related
Rather than worrying about fault, focus your energy on proving your injury is work-related. The key question in workers comp cases is whether your injury arose out of and in the course of your employment. As long as you were injured while performing work duties, at the worksite, during work hours, or while engaged in activities reasonably related to your employment, your injury should be covered regardless of fault.
Document the Accident Honestly
When reporting your injury and documenting what happened, be honest and accurate. Don’t exaggerate or downplay your role in the accident. Provide a factual description of what occurred. Honesty protects your credibility and prevents inconsistencies that could be used against you later.
If you’re worried that your mistake caused your workplace injury, don’t let that fear prevent you from filing a workers comp claim. Louisiana law protects you. Contact Attorney Ted Williams to discuss your situation and learn how we can help you receive the benefits you deserve, regardless of fault. Visit our website for more information about Louisiana workers comp law, and read reviews from clients we’ve helped on our Google Business profile.