December 10, 2018

Can You Collect Workers’ Compensation Benefits if You Were at Fault in your Work Accident

Would you be surprised to learn that you are eligible to pursue workers’ compensation benefits in Georgia cases even if you were at fault in the accident?

Workers’ compensation law in Georgia is considered a “no fault” system, meaning that you are covered even if your injuries arose from your own negligence.  Under Georgia law, you are automatically covered by workers’ compensation is your injury arose out of and in the course of your employment.  This idea that in order to be covered you need to be acting for the benefit of your employer is common in workers compensation statutes in many states – for example in North Carolina the work injury law asks if your employer exercise control and direction over your work?

Examples:

  • a forklift driver turns too late and knocks over a scaffolding, causing boxes to fall on him, resulting in a broken arm and a closed head injury.  The forklift driver is eligible for benefits.
  • an industrial sewing machine operator gets distracted and loses a finger to a cutting knife.  The machine operator can pursue workers’ comp. benefits
  • a backhoe operator fails to properly park his machine and he gets run over when trying to exit the cab.  The backhoe operator is covered.

While you are eligible for workers’ compensation benefits even if you were at fault, you can be denied if your injury was the result of “horseplay.” [Read more…]