Even if you have a fault in your work accident, you would still be entitled to workers’ compensation as benefits are based on a no-fault system. Injured workers do not have to prove another’s fault to qualify for the program. This means that even if you are partially or wholly to blame for an accident, you could still collect workers’ comp.
However, in Massachusetts, the amount of compensation you can recover in a lawsuit could be reduced according to your degree of fault. As long as your degree of fault is 50 percent or less, you could receive some compensation from the at-fault party. However, if your degree of fault is 51 percent or more, you cannot recover compensation. Since the percentage of fault can be somewhat subjective, having an attorney by your side can be critical for protecting your rights.
Seeking legal advice promptly can be crucial if you have some fault in the accident. The other party, their insurance company, and attorneys may try to blame you for the work accident unfairly. Moreover, a jury or judge will determine your degree of fault in a trial. A personal injury lawyer at Morgan & Morgan can be by your side and ensure your degree of fault is assessed fairly.