Can I still collect workers’ compensation benefits if the accident was my fault?

Yes. In Massachusetts, the Workers’ Compensation Act is a “no fault” system that is in place to make sure that workers are covered and protected by insurance in case they are injured on the job. Massachusetts workers’ compensation benefits are referred to as “no fault” benefits because, regardless of whose fault the accident was that caused the employee’s injuries, the injured worker is still entitled to workers’ compensation. This is true even if the injured worker caused the accident himself or herself.

For example, we previously represented a roofer, who fell approximately 15 feet from a ladder and injured his leg. Although the fall from the ladder was completely the employee’s fault, he was still entitled to and did collect workers’ compensation for his injuries. In another case, a personal care attendant (PCA) was driving a patient to the store and failed to pay proper attention to traffic and rear-ended the car in front of him. The PCA was injured and, even though the accident was his fault, he was still able to collect workers’ compensation.   

Now, don’t confuse this with a personal injury case (i.e., motor vehicle accident or slip and fall). In those cases, the injured person must establish that the other driver, property owner or other third party was negligent and that their negligence caused the injuries. If you were injured while in the course of your employment you can collect workers’ compensation, even if you were at fault.

Have You Been Injured on the Job in Massachusetts and Unsure Whether You Can Collect Workers’ Compensation?

If you have been injured while in the course of your employment in Massachusetts and are unsure whether you can collect workers’ compensation or have questions about your rights, please call us at (508) 879-3500 or contact us online to set up a time to speak with our legal team. We will take the time to evaluate your case and answer your questions. This meeting is free and might be the best decision you make.