WHAT IF I WAS PARTIALLY AT FAULT IN THE ACCIDENT?
The Workers’ Compensation Act is a no-fault statute: the people in nearly all of the 50 states have enacted these statutes because they believed it foolish and unfair to argue in court for years and years about who was at fault in causing an injury while a worker went without a way to pay their bills. If an injury happened at work it was to be considered compensable regardless of fault. Despite the clear purpose of the act and its drafters, some workers have from time to time been denied workers’ compensation for engaging in fights or horseplay at work. Business interests were also successful in passing amendments to the Act in the 1980’s that make injuries “incurred in the pursuit of an activity the major purpose of which is social or recreational…not covered under the act.” These hypocritical attempts to make fault relevant in a no-fault statute are obviously unfair; we, as your attorneys, may be able to find a way to overcome them.