What If the Work Accident Was My Fault?

You ran a red light. You were speeding. You rear-ended another car. Does that mean you can't get workers' comp? The answer may surprise you.

Workers' Comp is No-Fault

Pennsylvania workers' compensation is a "no-fault" system. That means you don't have to prove someone else caused your injury. You only have to prove:

• You were an employee
• The injury happened during work
• The injury arose from your work duties

Even if the accident was 100% your fault, you're still entitled to workers' comp benefits.

Exceptions to the No-Fault Rule

There are only a few situations where fault matters:

• Intoxication - If you were drunk or high and it caused the accident
• Intentional self-injury - If you crashed on purpose
• Violation of law - In limited circumstances

Simple negligence - running a light, speeding, not paying attention - does NOT disqualify you.

But the Personal Injury Claim is Different

While you can get workers' comp even if you were at fault, you can only sue another driver if THEY were negligent. If you caused the crash, you don't have a personal injury claim against the other driver.

Comparative Fault Situations

What if both drivers were partially at fault? Pennsylvania follows a "comparative negligence" rule. You can still recover in a personal injury claim as long as you were less than 51% at fault - but your recovery is reduced by your percentage of fault.