In many personal injury cases, fault is a significant factor. For instance, someone could suffer injuries in a car accident. They may claim that the other driver made a mistake, such as running a stop sign, and is therefore at fault. That driver has to provide financial compensation.
But with workplace injuries, fault often does not matter, as workers’ compensation is set up as a no-fault system. Employees generally cannot sue their employers to seek compensation, but they are entitled to workers’ compensation benefits in exchange. The company then has a workers’ compensation insurance policy, which helps them provide these benefits to cover medical bills, lost wages and the like.
Why doesn’t fault matter?
Fault does not matter because some jobs are inherently dangerous. As long as the employee was performing the duties of their job, an accident and an injury are possible.
For instance, consider an employee who slips and falls off of a ladder, suffering a traumatic brain injury or a spinal cord injury when they hit the ground. The employer could argue that, from a technical standpoint, the fall is the employee’s own fault because they are the one who slipped. But the employee could correctly point out that climbing a ladder is a necessary part of their employment and brings with it inherent dangers, which is why they are covered by workers’ compensation benefits.
There are some exceptions to this general rule. For instance, if it could be shown that an employee was under the influence of drugs or alcohol, then fault may play a role. But in most cases, employees are covered as long as they were on the job when they got hurt.
If you have been injured in the course of your employment, then be sure you know what workers’ compensation benefits you deserve and how to obtain them.
