Generally, you are still entitled to Workers’ Compensation in New York State even if the accident is your fault. The Workers' Compensation Law was passed by the New York State Legislature in 1914 as a compromise between employee and employer interests. As part of the compromise, employees in most instances lost the right to sue their employers for negligence resulting in injury, illness, or disability. In return, employees generally receive payment from Workers' Compensation without regard to fault if the injury, illness or disability was related to work.
There are a few key exceptions to the general no-fault rule. If you get hurt at work solely because you were intoxicated by drugs or alcohol, your injuries will not be compensable under Workers’ Compensation. If your employer or its Workers’ Compensation insurance carrier alleges that your injuries happened because you were intoxicated at work, it is critical that you contact an attorney immediately. You may still have a compensable claim if there were other factors that contributed to your accident and injuries, but you will need an experienced attorney—like our Workers’ Compensation team—to successfully litigate this kind of claim.
Your claim also may not be compensable if you were injured in a physical altercation with someone that stemmed from a personal disagreement. In other words, if you were in an altercation with a coworker or customer over sports, politics, or another non-work related issue, it is unlikely that you will be entitled to Workers’ Compensation benefits. However, it is still important to speak to an attorney about the nature of the disagreement and altercation because you may still have a compensable claim depending on the circumstances.
In some instances, the employer may deny claims for injuries sustained as a result of “horseplay” at work if you got hurt while joking around with coworkers or engaging in similar behavior. These claims may be compensable if you can show that certain behaviors were reasonable or continually tolerated by your employer, but you will still need an attorney familiar with the Workers’ Compensation laws to be successful.
New York Workers’ Compensation Law is changing all the time and our team has the knowledge and expertise necessary to successfully litigate even the most challenging claims. Even if you think one of the exceptions above may apply to your situation, contact our Workers’ Compensation team now for a free case evaluation.