If you’ve been injured on the job in North Carolina and your employer or supervisor tells you it’s your own fault, you may start to doubt whether you’re eligible for workers’ compensation benefits. But here’s the truth:
North Carolina workers’ comp is a no-fault system, and in most cases, your employer’s opinion about who’s “to blame” doesn’t determine your right to benefits.
Let’s break down what that really means, what exceptions may apply, and what to do if you’re being blamed after getting hurt at work.
What Does “No-Fault” Workers’ Comp Actually Mean?
In North Carolina, the Workers' Compensation Act allows employees to receive benefits regardless of who caused the accident, so long as it happened while performing job-related duties. That includes:
- Accidents caused by momentary lapses in judgment
- Injuries resulting from simple mistakes
- Unsafe conditions that weren’t reported or corrected
In other words, you do not have to prove that your employer did anything wrong, and you do not lose your right to compensation just because you may have made a mistake.
What If My Employer Claims I Caused the Injury?
Employers may try to deny responsibility for your injury, either to protect their record, reduce liability, or minimize insurance costs. But unless your actions fall into a very narrow list of exceptions, you still likely qualify for benefits.
Common employer objections may include:
- “You weren’t paying attention.”
- “You used the equipment incorrectly.”
- “You should’ve followed safety protocols.”
- “We trained you not to do that.”
Even if those things are true, that still doesn’t automatically disqualify your claim under North Carolina law.
Exceptions: When Fault Might Actually Matter
While workers’ comp is a no-fault system, there are a few important exceptions where fault may bar or reduce your eligibility:
- Willful Misconduct or Intentional Injury
If you intentionally try to hurt yourself or someone else, your claim can be denied. - Intoxication or Drug Use
If your injury occurred while you were under the influence of alcohol or drugs, and that was the cause of the injury, you could lose your right to benefits. However, the employer must prove intoxication was a proximate cause. - Horseplay or Unauthorized Behavior
Injuries during horseplay or activities outside the scope of your duties may be excluded. Still, context matters, and there are cases where this line is blurred.
Important: If your employer is claiming one of these exceptions, speak with an experienced workers’ compensation attorney right away. These arguments are often misused or exaggerated.
What If I Didn’t Report My Injury Right Away?
Delayed reporting is a common issue, especially for workers who feel embarrassed, guilty, or uncertain about what happened. But you can still file a valid claim if you notify your employer within 30 days of the incident.
If your pain or symptoms worsened over time and you didn’t know it was work-related at first, you may still have options. These are called cumulative trauma or repetitive stress injuries, and they often develop in high-paced, repetitive roles like:
- Assembly line work
- Packaging
- Warehouse labor
- Construction or carpentry
Don’t Let an Employer’s Blame Keep You from Filing
It’s common for injured workers to feel guilty, especially if their boss suggests the injury was their own fault. But the law doesn’t require perfection from employees.
You are still entitled to medical care, wage replacement, and possibly additional compensation if your injury happened on the job and falls under the statute’s definition.
How Shankle Law Firm Can Help
At Shankle Law Firm, we’ve represented countless workers who were:
- Blamed for their own injuries
- Pressured not to file a claim
- Told they missed the deadline
- Denied coverage based on “fault”
We cut through the confusion, protect your rights, and fight to get you the care and compensation the law allows, regardless of who your employer tries to blame.
Attorney Maggie Shankle is a Board-Certified Workers’ Compensation Specialist, which means you’ll have an expert in your corner from day one.
Should I Contact a Lawyer? Yes, You Still May Have a Case
Being blamed doesn’t mean being disqualified. If you’ve been hurt at work and your employer says it’s your fault, don’t assume they’re right, and don’t give up.
Call Shankle Law Firm today for a free consultation. We’ll give you honest, clear answers and help you protect your future, starting now.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.