Can you claim workers’ comp if you were at fault?
- Halfpennys
- 3 hours ago
- 5 min read
Suffering a workplace injury is stressful enough without worrying about whether you’ll qualify for compensation. If you played a part in the accident, it’s natural to feel concerned about claiming workers’ comp. In the Northern Territory, most claims are handled on a no-fault basis, so you can usually access support even if the injury involved a mistake or accident, though some exceptions do apply.
At Halfpennys, we represent employees across all industries in the Northern Territory, expertly guiding you through how to file a workers comp claim even if you believe the injury was your fault.
In this article, we’ll explain when you can still make a claim, the situations that might affect your eligibility, the evidence you’ll need and how seeking legal advice early can make the process easier.
Understanding the ‘no-fault’ principle
In the Northern Territory, workers’ compensation operates under a no-fault system, legislated through the Return to Work Act 1986 and the Return to Work Regulations 1986. This means you do not need to prove that your employer was negligent or at fault to make a claim.
The focus of the system is on whether your injury or illness is work-related. As long as the incident occurred during your employment or as part of your work duties, you may be eligible for support, regardless of who caused the accident.
This approach allows injured workers to access medical care, income support and rehabilitation without the added stress of proving blame, helping you focus on recovery rather than legal disputes.
Situations where you can still claim if you were at fault
Even if your actions contributed to a workplace injury, you may still be eligible to claim workers’ compensation in many situations. Examples include:
Accidental slips or trips, such as:
A hospitality worker loses their footing on a wet floor in a busy kitchen, resulting in a fractured wrist from the fall.
An office worker tripped over loose cabling near their desk, leading to a sprained ankle that requires weeks off work.
A construction worker slips on uneven ground at a site, causing a serious back injury that limits their ability to perform heavy labour.
Mistakes made during normal duties, such as:
A call centre worker under pressure gave incorrect information and later developed a stress-related mental health condition.
A factory worker exposed to loud machinery over time and experiencing gradual hearing loss despite following normal work routines.
A construction worker misjudged the weight of materials and suffered a back injury from body stress.
Using equipment incorrectly without intent to harm, such as:
A farm hand forgets to engage a safety latch on machinery and injures their arm when a moving part strikes them.
A mechanic using a hoist incorrectly while servicing a vehicle, leading to the car slipping slightly and causing a back strain while trying to steady it.
A nurse incorrectly adjusted a hospital bed mechanism, resulting in a minor crush injury to their hand.
Vehicle accidents while working, such as:
A delivery driver was injured in a collision while making deliveries.
An employee travelling between worksites who is hurt in a crash.
Many of these situations fall under common workplace injuries, ranging from strains and sprains to hearing loss and mental injury. The key factor is that the injury occurred in the course of your work, not that you acted perfectly. In fact, most workers’ compensation claims in the Northern Territory are accepted, with 86.1% approved in 2022-23 [1].
Promptly reporting your injury is also essential, as early reporting allows your employer and medical providers to document what happened and strengthens your claim if there is any question about the circumstances.
Circumstances that might affect your claim
While most workplace injuries are covered under the no-fault system, certain situations can affect eligibility. Claims may be denied if the injury resulted from:
Serious or wilful misconduct, such as:
A construction worker deliberately bypasses safety barriers on-site and suffers a fall.
A hospitality worker started a physical fight in a kitchen and was injured.
A farm hand intentionally ignores livestock safety procedures and is trampled.
Being under the influence of drugs or alcohol, such as:
A mining worker operating heavy machinery while intoxicated caused an accident.
A truck driver who drinks before a shift is injured in a road crash.
An office worker is consuming drugs at lunch and falls down stairs on the return.
Injuries outside work duties. For example:
A warehouse worker who injures themselves playing soccer during a break.
A farm hand was hurt while riding a motorbike for personal reasons on the property.
A retail worker attempting personal errands during their shift and suffering a fall.
Understanding these circumstances helps you see where your claim may be at risk and why seeking legal advice early is essential. Even if your injury involved some fault, guidance from a workers’ compensation lawyer can clarify your options and ensure your claim is handled correctly.
What evidence you need
Having the proper evidence can make claiming workers’ comp smoother and increase your chances of a successful outcome. Key documents include:
Medical reports – Detailed notes from your doctor or specialist outlining the nature and severity of your injury, recommended treatment and how it affects your ability to work.
Workplace incident reports – Official reports completed by your employer or safety officer describing how the injury occurred.
Witness statements – Accounts from colleagues or supervisors who saw the incident or can confirm the circumstances.
Gathering this evidence promptly helps establish that your injury is work-related and provides a clear picture of what happened. Even if you were partly at fault, strong documentation can support your workers’ comp claim and reduce delays or disputes.
How Halfpennys Lawyers can help
Navigating a workers’ compensation claim can feel overwhelming, particularly if you think you were at fault. At Halfpennys, our principal, Cathy Spurr, handles workers’ compensation matters as 95% of her practice, giving you deep expertise and experience in NT claims. We also proudly represent many unions across the territory, ensuring fair treatment and strong advocacy for workers in every sector.
We can help you by:
Assessing your situation honestly – reviewing whether fault might affect your claim and explaining what to expect at each stage.
Supporting claim lodgement and disputes – guiding you through workers’ comp claim forms and helping if your claim is rejected.
Negotiating with insurers – ensuring you receive the maximum benefits you’re entitled to.
Providing practical, compassionate guidance – answering questions, clarifying processes and helping you focus on recovery rather than stress.
Representing you in court if needed – standing by your side to secure the compensation you deserve.
With Halfpennys Lawyers, you get advice that is professional, straightforward and genuinely focused on helping you move forward.
Get support for your workers’ comp claim
Being at fault for a workplace injury does not automatically prevent you from claiming workers’ compensation in the Northern Territory. Many workers who worry they are ineligible can still access support if they understand their rights and follow the proper processes.
Early legal advice is essential. Contact Halfpennys Darwin Workers’ Compensation lawyers to clarify your options, help you gather the proper evidence and ensure your claim is handled correctly before time limits apply. Book a free consultation at Halfpennys Lawyers and focus on healing while we handle your claim.