Can I Get Workers’ Comp if the Injury Was My Fault in North Carolina?

Workplace injuries are never planned, and they can happen even when you are doing your best to stay safe. But what happens if you cause the injury yourself? Is workers’ compensation available to you in North Carolina if the injury was your fault?

The short answer is, sometimes.

In this blog post, we will break down what you need to know about workers’ comp claims in North Carolina, especially if you were the one responsible for the accident. Understanding your rights and the laws surrounding workers’ compensation can save you time, money, and a lot of stress during a challenging period.

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Understanding North Carolina Workers’ Compensation Laws

Workers’ compensation in North Carolina is designed to provide benefits to employees who are injured on the job. These benefits typically include medical expenses, lost wages, and rehabilitation costs. Importantly, workers’ comp is a no-fault system, meaning that it’s generally available regardless of who caused the injury. However, there are some exceptions, and it’s essential to know how these rules apply if you were responsible for your own accident.

No-Fault Workers’ Compensation

North Carolina’s workers’ compensation laws, governed by Chapter 97 of the North Carolina General Statutes, establish a no-fault system. This means that, in most cases, you don’t have to prove that your employer was negligent in order to receive benefits. Whether the injury occurred due to your own fault, a co-worker’s mistake, or the employer’s actions, you are typically still eligible for compensation.

What Happens If You Are At Fault for Your Injury?

If you caused your injury, whether through a mistake or due to your own actions, you’re still eligible for workers’ compensation benefits as long as you weren’t engaging in behavior that violates company policy or state laws. For example, if you were intoxicated at the time of the injury, you might be denied workers’ compensation benefits. But, if the injury occurred while performing normal work duties, even if your actions contributed to the injury, workers’ compensation should still cover your expenses.

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Exceptions That Could Impact Your Workers’ Comp Claim

While North Carolina’s workers’ comp system is largely no-fault, there are certain exceptions that could impact your ability to collect benefits if you were responsible for the injury. These include:

1. Intoxication or Illegal Activity

If you were under the influence of alcohol or drugs (including prescription drugs that impair your ability to work) and caused the injury, you may be denied workers’ compensation. Workers’ comp claims are generally denied if the employee is intoxicated or participating in illegal activities at the time of the injury.

2. Intentional Harm

If you intentionally hurt yourself or engaged in reckless behavior that directly led to your injury, your claim could be denied. Workers’ compensation benefits are not available for injuries that result from intentional self-harm or extreme disregard for safety.

3. Violation of Workplace Rules

In cases where your injury results from breaking workplace safety rules, your employer may be able to contest your claim. For instance, if you ignored proper safety procedures or were performing a task you were not authorized to do, the claim might be challenged, even if the injury occurred at work.

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How to Protect Your Workers’ Comp Case if You Think It’s Your Fault

If you caused your injury but are still unsure if you’re eligible for workers’ comp, here are some steps to protect your claim:

1. Report the Injury Immediately

Always report any workplace injury to your employer immediately. Delaying your report could result in complications in filing your claim. Be honest about what happened, as transparency can help your attorney defend your case if necessary.

2. Seek Medical Treatment Right Away

Even if you think your injury is minor, always seek medical attention right away. This not only ensures that your injuries are properly documented, but it also strengthens your case by providing proof that the injury occurred at work.

3. Consult with a Wilmington Workers Compensation Attorney

A Wilmington workers compensation attorney can help navigate the complexities of your case and ensure you get the compensation you deserve, even if the injury was your fault. A skilled attorney can help you understand whether any exceptions apply to your situation and advise you on the best course of action.

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Common Questions About Workers’ Comp and Fault

1. Can I get workers’ comp if I was partially at fault for my injury?

Yes. North Carolina workers’ compensation is a no-fault system, so even if you were partially at fault for your injury, you can still receive benefits unless there are mitigating factors like intoxication or intentional harm.

2. What if I was drinking at work when the injury happened?

If you were drinking at work or were intoxicated, workers’ compensation benefits may be denied. North Carolina law generally excludes coverage for injuries that happen while the employee is under the influence of alcohol or drugs.

3. Do I need to hire a workers’ comp attorney if I was at fault?

While it’s not always necessary, hiring a Wilmington workers compensation attorney can help ensure that you receive the maximum benefits available. If your case involves any potential exceptions (like intoxication or rule violations), having legal representation can make all the difference in ensuring a favorable outcome.

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Take the First Step in Protecting Your Rights

Suffering an injury at work can be overwhelming, especially if you think the injury might have been your fault. However, in most cases, North Carolina’s workers comp system will cover your medical bills and lost wages, regardless of fault. If you are unsure about your eligibility, it’s essential to speak with a Wilmington workers compensation attorney who can help guide you through the process and protect your rights. Don’t let uncertainty hold you back—contact David & Associates today for a free consultation and get the legal help you deserve.

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