Is Workers’ Compensation a No-Fault System?

There are many reasons a person who was injured at work may wish not to file a workers’ compensation claim. They may believe that like a personal injury accident, they will be required to show proof that someone else caused the accident that resulted in their injuries. On the other hand, they may be concerned about filing a claim and aggravating their supervisor by doing so. While these are legitimate reasons to be concerned, it can be helpful to understand a few things. 

First, workers’ compensation does not operate similarly to personal injury accidents. Instead of being required to show proof that someone else was responsible, the person who was injured simply needs to prove that they were injured as a result of work. Second, if your supervisor is making job-related threats because you want to file for workers’ compensation benefits, you should speak with a lawyer immediately. 

What is employer liability? 

When you have concerns about gathering evidence for your workers’ compensation claim, it can be beneficial to have a lawyer, like a workers’ compensation lawyer from a law office like Hurwitz, Whitcher & Molloy, LLP by your side. With work-related accidents, you should feel confident in your right to file for benefits so that you can get some amount of pay while you are unable to go back to work. One of the key aspects of workers’ compensation benefits is that you are not attempting to prove employer liability. You are saying that you will not file a lawsuit against your employer, even if it is their fault. In fact, the employer may not even be remotely responsible for the accident that caused your injuries, but workers’ compensation benefits can still kick in. 

What if I am responsible? 

If you are responsible for the accident, you can still get benefits. There are exceptions to this, however, and you may not get benefits if you were under the influence of alcohol or drugs or if you were roughhousing with another employee when you got injured. 

Can I ever file a lawsuit against my employer? 

It is still possible to file a lawsuit against your employer if: 

  • They were grossly negligent when it came to the accident
  • Intentionally set out to harm you

Workers’ compensation can be complicated and you may not be willing to leave your benefits up to chance. If you have been injured while working and would like legal help to file your workers’ compensation claim, reach out to a trusted local law office today. 

Scroll to Top