Can You Get Compensation if a Workplace Auto Accident Was Your Fault?

• Oct 03, 2025
• Blog
• Michael Burgis & Associates, P.C

Think being at fault in a workplace auto accident disqualifies you from benefits? Not true. Learn how California Workers’ Compensation law protects injured employees, even if they caused the accident.

In some cases, you might also have the option to pursue a civil lawsuit alongside your workers’ comp claim, creating opportunities for greater recovery. Don’t assume fault disqualifies you. Your rights may be stronger than you think.

Contact our office if you want to discuss a workers’ compensation claim related to a workplace auto accident. We’re here to help.

Transcript:

Have you been involved in an auto accident and you’re being told it’s your fault, so you’re not going to get any benefits? That might not be correct.

Hi, my name is Michael Burgis. I’m the managing attorney of MB&A. I’m also a legal certified specialist in workers’ compensation, and I’m a trial attorney.

Work-Related Auto Accidents Where You’re At Fault Qualify for Workers’ Comp

Did you know that under workers’ compensation, even if the accident is your fault, if you were on the clock or doing something work related when that auto accident happened, guess what? Doesn’t matter if you’re at fault. You can get 100% of workers’ comp benefits even if it was solely your fault in the auto accident.

Injury Occurs Within the Course of Employment

All that matters is that the injury arose out of, and was within the course of employment. Moreover, even if you’re partially at fault, it’s very important to have a workers’ compensation attorney review your case because you can have both a civil case and a workers’ compensation case.

Employee Negligence May Allow for Civil Settlement

And when there is employer negligence, you may be able to essentially get a double recovery, meaning run all the cost of all the medicals through the workers’ compensation case, have them cover the bill and get your civil settlement and your additional workers’ comp settlement.

Talk to a Workers’ Comp Attorney About Your Workplace Auto Accident

So again, the take home here is if you’ve been injured in an auto accident and you believe that you were either on the clock or doing something work related—and you’d be surprised at what could be linked—it’s very important to talk to a workers’ compensation attorney or an attorney who knows both workers’ compensation and personal injury

Again, my office is an expert in both. If you have any questions or concerns, we’re here. We’re standing by. We’re here to help you.