After suffering a serious injury in a workplace accident, you find yourself unable to work and facing mounting medical bills. You know you need to file a workers' compensation claim, but there's a nagging worry in the back of your mind—what if the accident was partly your fault? Will contributory negligence prevent you from getting the benefits you deserve?
At Dulaney, Lauer & Thomas, our experienced Virginia workers' compensation lawyers understand your stress and uncertainty. Even if you believe you may have been partially at fault for your work-related injury, you likely still have a right to pursue workers' compensation benefits under Virginia law.
Virginia Workers' Compensation Is a No-Fault System
One of the most important things to understand about workers' compensation in Virginia is that it operates as a no-fault system. This means you can receive benefits for a work-related injury or illness regardless of who was to blame for the accident—even if your actions contributed to what happened.
Unlike a personal injury claim where contributory negligence could bar your claim, you do not need to prove that your employer or a coworker was negligent to recover workers' compensation benefits. As long as your injury occurred during the course and scope of your employment, you should be eligible for benefits to cover your medical expenses and a portion of your lost wages.
Exceptions to the No-Fault Rule in Virginia Workers' Comp Claims
While Virginia's no-fault system allows most injured workers to receive benefits even if they were partly responsible for an accident, there are a few key exceptions. You may be denied workers' compensation benefits if:
- Your injury was self-inflicted. If you deliberately injure yourself, you cannot recover workers' compensation benefits.
- You were injured while intoxicated or under the influence of illegal drugs. Intoxication can prevent you from receiving workers' compensation if it played a role in causing your injury.
- You were injured while engaging in "horseplay" or other willful misconduct. Fooling around or violating company safety policies can disqualify you from receiving benefits if these actions cause your injury.
However, outside of these limited exceptions, you cannot be denied workers' compensation simply because you made an honest mistake or exercised poor judgment.
Contributory Negligence and Virginia Workplace Injury Claims
It's important to note that while you can still get workers' compensation if you were partly at fault for a work-related accident, the same is not true if you're filing a personal injury claim against a third party. Virginia follows a strict contributory negligence rule in personal injury cases.
Under the contributory negligence standard, you cannot recover any compensation if you were even 1% responsible for an accident. For example, if you trip and fall at a construction site because you weren't watching where you were going, you likely won't have a case against the property owner—even if there was a serious hazard they failed to address.
Given Virginia's harsh contributory negligence rules, it's essential to work with a knowledgeable workplace injury lawyer who can identify all potential sources of compensation. While you may be barred from bringing a personal injury claim if you were partly to blame, you can still pursue workers' compensation benefits to access the medical treatment and wage replacement you need.
Protecting Your Right to Workers' Compensation Benefits
After a workplace injury, taking quick action is crucial to protect your right to benefits. Make sure to:
- Report your injury to your employer right away. You must provide notice of your injury within 30 days or risk losing your right to workers' compensation. Report even minor injuries that you believe may have been partly your fault.
- Get medical care as soon as possible. Your health should be your top priority after a workplace accident. Follow your doctor's recommended treatment plan and attend all follow-up medical appointments.
- Gather evidence from the accident scene if you can. Take photos of your injuries and whatever caused your accident. Keep copies of your medical records and document how your injuries have impacted your day-to-day life.
- Speak to a Virginia workers' compensation attorney. An experienced lawyer can ensure you follow the proper procedures for filing your claim and fight against unfair denials.
Our workers’ compensation lawyers know insurance companies' tactics to undervalue and deny valid claims—and we won't let them get away with it. We will stand up for your rights and demand the maximum compensation available in your case.
