Can I Get Workers’ Comp If the Accident Was My Fault in Colorado?
If you were injured at work because of your own mistake, you may be worried that you’re not eligible for workers’ compensation. The good news is that in Colorado, fault doesn’t automatically disqualify you from benefits.
The Colorado workers’ compensation system is designed to protect employees—regardless of who caused the accident—as long as certain conditions are met. Below, we’ll explain how fault is treated in work injury cases, when you can and can’t get benefits, and why legal guidance can be critical in borderline cases.
Colorado’s Workers’ Compensation System Is No-Fault
In Colorado, workers’ compensation is a no-fault system. This means you are generally entitled to benefits even if the accident was your fault—as long as the injury happened while you were performing work-related duties.
The goal of the system is not to place blame, but to ensure injured workers receive:
- Medical treatment
- Wage replacement
- Temporary or permanent disability benefits
- Vocational rehabilitation (when applicable)
Your employer and their insurance carrier are legally obligated to provide these benefits, even if your own error led to the accident.
For answers to your questions, call:
(303) 999-9999
Common Examples of At-Fault Injuries That May Still Qualify
Here are a few scenarios where an employee was clearly at fault but still qualified for workers’ comp in Colorado:
- You slipped while rushing to complete a task
- You failed to wear protective gloves and got burned
- You lifted improperly and threw out your back
- You forgot to follow a safety protocol
- You made an error operating machinery
In each of these cases, workers’ compensation benefits would likely apply, as long as the injury occurred during the scope of employment.
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When Fault Can Affect Your Eligibility
There are exceptions to Colorado’s no-fault rule. If your injury occurred under certain circumstances, you may be denied workers’ comp. Here are the main disqualifiers:
1. Intoxication or Drug Use
If you were under the influence of alcohol or illegal drugs at the time of the accident, and that was the cause of the injury, your claim can be denied.
Tip: Employers may require a post-accident drug test. If you fail and the insurer proves intoxication caused the injury, you may lose your benefits.
2. Horseplay or Misconduct
If you were injured while goofing off, engaging in horseplay, or violating company policies unrelated to your duties, your claim might be rejected.
Example: Wrestling with a coworker on a break and breaking your arm likely won’t qualify.
3. Intentional Self-Harm
If your injury was self-inflicted or caused by a deliberate act (like starting a fight), you are not entitled to workers’ compensation benefits.
4. Injuries Outside the Scope of Employment
If the injury occurred off-site or outside work hours, or was unrelated to your job duties, it may not be covered—even if you were still technically “on the clock.”
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What If the Employer Tries to Use Fault Against You?
Unfortunately, some employers or insurance carriers may try to argue that your actions disqualify you—even if they don’t. It’s common for insurers to claim that:
- You were “acting recklessly”
- You weren’t following proper procedure
- The injury wasn’t truly work-related
In these cases, it’s important to have a workers compensation lawyer review your case, especially if you’re facing a delay, denial, or unfair settlement offer.
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How Comparative Fault Works in Personal Injury vs. Workers’ Comp
In a personal injury lawsuit, the issue of fault matters a great deal. Your compensation can be reduced or even eliminated if you were partly to blame. If you’re pursuing such a claim, our personal injury lawyers in Denver can help.
But in workers’ comp cases, comparative fault doesn’t apply the same way. The system is meant to speed up benefits and avoid lawsuits. In exchange for not suing your employer for negligence, you gain access to benefits—regardless of who caused the accident.
What Benefits Can You Still Receive If You Were at Fault?
If your injury qualifies, and your claim is accepted, you may receive:
- Medical treatment costs (doctors, surgery, therapy)
- Mileage reimbursement for travel to appointments
- Temporary disability benefits while you recover
- Permanent partial disability if long-term damage occurs
- Vocational rehabilitation if you can’t return to your previous job
Whether you suffered head injuries, back injuries, or trauma from warehouse accidents, you deserve medical care and income support while you recover.
What to Do If Your Claim Is Denied
If you’ve been denied benefits because the employer or insurer claims the accident was your fault, don’t give up.
Steps to Take:
- Request a copy of the denial letter
- Review the listed reason for denial
- Contact a workers’ compensation attorney immediately
- File an appeal with the Colorado Division of Workers’ Compensation
An experienced attorney can help gather evidence, challenge unfair denials, and represent you in hearings or negotiations.
Boesen Law Is Here to Help Injured Workers—Even If They Made a Mistake
At Boesen Law, we understand that accidents happen—and that doesn’t mean you should suffer without support. Whether you slipped up, made an honest error, or were wrongly blamed for your injury, we’re here to fight for your right to benefits under Colorado law.
We’ve helped hundreds of injured workers across the state secure:
- Full medical coverage
- Lost wage compensation
- Disability benefits—even in contested cases
Request a Free Case Evaluation Today
If you’ve been injured on the job—even if the accident was your fault—don’t navigate the system alone. Contact Boesen Law for a free, no-obligation consultation. Call +303 999-9999 or contact us to speak with a knowledgeable Colorado workers’ compensation attorney today.
Call or text (303) 999-9999 or complete a Free Case Evaluation form
