Can I still get workers' comp if the accident was my fault?

Q: Can I still get workers' comp if the accident was my fault?

Yes. California workers' compensation is a no-fault system, so it almost never matters whether you slipped, misjudged a lift, or made a mistake. You do not have to prove your employer did anything wrong to receive medical care and wage-replacement benefits. Only rare exceptions like intoxication or horseplay can affect a claim.

What does "no-fault" actually mean?

"No-fault" means the workers' comp system does not ask who caused the accident. In a car crash lawsuit, you have to prove the other driver was negligent. Workers' comp works differently: if you were injured while doing your job, you're generally entitled to benefits regardless of how careless you or a coworker may have been in that moment.

This is the tradeoff California built into the system decades ago. Workers gave up the right to sue their employer in most cases and, in exchange, employers gave up the right to fight claims by blaming the worker. Labor Code Section 3600 lays out the basic conditions for coverage, and fault isn't one of them. If your injury "arises out of and in the course of employment," it's generally covered.

*This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.*

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.