Can You Still File for Workers’ Compensation If the Accident Was Your Fault?

New York City workers’ compensation lawyers explain how the system works

If you get hurt at work in New York, workers’ compensation benefits should cover the cost of your injury claim. But what if the accident was your fault? What if you did something to cause your injury? Can you still receive workers’ compensation?

We often hear this common question at the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. Many people contact us, thinking they can’t collect workers’ comp because they did something to cause their work-related injury.

In most cases, workers injured in New York can receive workers’ compensation, even if they did something to cause their work-related injury. Here’s how the system works in New York.

Is New York a no-fault workers’ compensation state?

First, it’s important to understand that New York has a no-fault workers’ compensation system. That means injured workers can be compensated for injury-related expenses normally covered by workers’ comp, even if the injured worker accidentally caused their own injury. Such expenses often include money for all medical care and replacement income while your recover.

Exceptions to New York’s no-fault workers’ comp claims

While most on-the-job injuries are covered by New York’s no-fault workers’ compensation system, there are exceptions to this rule. Common reasons why New York workers’ compensation insurance providers can deny your claim include:

• You intentionally hurt yourself. For example, you intentionally fell down the stairs at work in an attempt to collect workers’ compensation benefits.
• You started a fight with someone and got hurt because of the fight.
• You sustained your workplace injury while under the influence of drugs or alcohol.
• You got hurt while working and committing a criminal act which resulted in a criminal conviction.

Many times, workers’ compensation insurance companies deny valid claims. If your claim was rejected on the grounds that you caused your own injury, it’s important to talk to an attorney about your rights. You may have options, and the best way to find out is to seek experienced legal representation.

How can a New York workers’ compensation attorney help?

Workers’ compensation can quickly turn into complicated legal cases. Don’t simply assume you will receive workers’ compensation benefits just because you got hurt at work. Make sure you fully understand all your legal rights and potential options. Talk to an attorney at our law firm right away.

The experienced New York City workers’ compensation lawyers at the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP know the law and understand how the system works in New York. That’s why we consistently obtain workers’ compensation benefits for injury victims and their families.

Discover what we can do for you. Contact us and schedule an appointment with a New York workers’ compensation attorney you can trust to put your best interests first. We have 12 offices conveniently located throughout New York, including five offices in New York City.