October 19, 2023 • 4 minutes to read
Workplace accidents occur every day no matter how careful workers are or what policies and procedures are in place. These accidents could result from faulty machinery, someone else’s negligence, or weather conditions. Nonetheless, injuries can also result from an employee’s actions. When such accidents happen, it’s crucial to understand that, in most cases, you can still seek compensation for the injury, even if it was your fault. Pennsylvania Workers’ Compensation Law is a no-fault system through which an employee can receive benefits as long as the injury occurs in the course and scope of employment no matter who was at fault for the injury. However, certain circumstances may bar an employee from receiving workers’ compensation benefits, especially in situations where the employee is the one responsible for the accident.
Almost all injuries that occur while the employee is actually working will be compensable even if the employee is at fault. This includes injuries that occur at your place of work, on the road while conducting business, and on company property. A typical example of an injury that would be compensable under Pennsylvania Workers’ Compensation law, would be an employee walking across their employer’s premises, who trips and falls due to a wet spot on the floor injuring themselves. Since the employee is required to be on the premises during work hours and the injury occurred as a result of the employer’s premises, the injury is compensable. Another example would be an employee climbing a ladder, and he misplaces his hand, which causes him to miss a rung on the ladder and fall off of the ladder injuring himself. This is another compensable injury even though the employee caused the accident as it was a simple mistake that occurred on the employer’s premises. These examples make clear that accidents happen and when they do happen, employees should be compensated regardless of whether they were the ones at fault.
However, some circumstances may arise and cause the employee’s accident to become no longer compensable under Pennsylvania Workers’ Compensation law. An accident and consequential injury are not compensable when the employer can prove that the injury occurred because of one of the following circumstances:
These are the most significant situations in which injuries resulting from an employee accident will not be compensable. To sum it up, an employee’s injuries due to their own accidents are generally compensable under Pennsylvania Workers’ Compensation Law. An employee can only be denied benefits under Pennsylvania Workers’ Compensation Law if the accident resulted from the employee’s gross negligence or purposeful misconduct, and the employer can provide evidence that the injury occurred due to such gross negligence or purposeful misconduct. An employee is not barred from compensation when the accident and injury simply arise due to a mistake or general negligence as employees are often forgetful and frequently cause accidents harming themselves. Prior to bringing a workers’ compensation claim for an accident that the employee caused, the employee should consider whether they were attempting to perform their job duties properly and whether the employee was engaged in activity that is inappropriate for a work setting
Determining your eligibility for workers’ compensation benefits in cases where you were responsible for the accident may present complexities. Contact our legal experts for assistance and guidance.
We recovered $825,000 for a Union Laborer who suffered a catastrophic leg injury and depression after being struck by a falling beam that resulted in a below-knee amputation.
We recovered $568,000 for a Site Supervisor of a local construction company with serious foot and psychological injuries after falling from a ladder in a construction accident.
We recovered $498,000 for a Driver/Salesperson with neck, shoulder and knee injuries from two work related accidents.
Please fill out the form on the right, below, so that we can learn more about your worker compensation needs. We will be in touch with you shortly to discuss your matter in more detail.2001 Market Street, Suite 2600