What if the accident was my fault?
Workers’ compensation is a no-fault system. Unless you engaged in serious and willful misconduct, your own negligence won’t keep you from collecting workers’ compensation benefits.
California workers’ compensation is a no-fault, insurance-based system that pays benefits for injuries and illnesses that happen on the job. If you were injured at work, you don’t have to prove that the employer was negligent or did something wrong to cause the accident. You also don’t have to worry that the employer will claim you are responsible for the injury because of your own negligence. All you have to prove is that the accident happened while you were on the clock, and workers’ compensation should apply.
Serious and willful misconduct can affect your award
One exception to this rule is if you engaged in “serious and willful misconduct” that caused the accident or injury. If this is the case, you still won’t be denied workers’ compensation, but your award can be cut in half as a result.
Your employer or their insurance carrier can’t decide on their own that you engaged in serious and willful misconduct. For this provision of the law to apply, the Workers’ Compensation Appeals Board (WCAB) has to determine so in its findings and award.
The statute itself does not define what kind of activity would constitute serious and willful misconduct, so it is up to the workers’ compensation judges at the WCAB and the courts to decide in any given instance if the employee engaged in serious and willful misconduct. It’s possible that the following kinds of activities might apply:
- Coming to work intoxicated
- Engaging in dangerous horseplay with another worker
- Intentionally shutting off or removing a safety feature from machinery
- Getting into a physical fight at work
Serious and will misconduct does not always apply
Even if the Appeals Board were to find the employee engaged in serious and willful misconduct, the employee’s workers’ comp award would not be cut in half in the following situations:
- The injury resulted in the worker’s death
- The injury resulted in a permanent disability rating of 70% or more
- The injury was caused by the failure of the employer to comply with any provision of law or safety order of the Division of Occupational Safety and Health with reference to the safety of places of employment
- The injured employee was under 16 years old at the time of the injury
Workers’ compensation claims make an employer’s insurance premiums go up, so don’t be surprised if the employer tries to blame you for the accident to get out of paying your claim. Remember, though, that the employer doesn’t have the final say on this matter. A qualified workers’ compensation lawyer can argue your case before the WCAB and convince them your award should not be reduced and that you are entitled to the full amount of your workers’ compensation award.
