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Can I get Social Security if an injury is my fault?

On Behalf of | Jun 1, 2018 | Ssd |

The average person in Killeen, Texas, recognizes that, every day, he or she makes several mistakes. Whether due to ignorance, one’s natural limitations or simple human carelessness, these mistakes are usually minor.

Unfortunately, sometimes a person’s error will mean that person suffers a serious injury. In some cases, inattentiveness behind the wheel can leave a driver seriously injured, while in other cases a severe work accident can be the responsibility of the victim himself, as he may have forgotten about a safety rule or just missed an important step in a dangerous procedure.

When these sorts of injuries end in a Texan’s not being able to return to work, she can take comfort in the fact that Social Security is to the largest extent a no-fault system. In other words, the Social Security Administration will not probe in to whether a person’s debilitating injuries are the fault of that person, someone else’s responsibility or just a freak accident.

Rather, as long as the person meets the Administration’s criteria, the Administration will pay SSD benefits to a disabled person even if they bear some responsibility for their own disability. Proving that one is legally disabled, however, is not always easy, even if fault does not fit in to the equation.

The most difficult thing may be proving that someone really is not able to return due to a medical condition recognized by the Social Security Administration. Doing this often requires carefully documenting one’s medical condition and providing the necessary context to show that the condition keeps the person suffering from it out of the work force. It is often helpful to have the help of an experienced disability attorney when navigating this process.