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Workers’ Compensation: What Does The No-Fault System Entail

Workers who get injured in the line of duty don’t always know what the best course of action is. Many are still reluctant to work for workers’ compensation benefits. Some fear their employer’s retaliation while others are still not familiar with the process, making it confusing and intimidating. Simply put, dealing with all this legal stuff is hard immediately after the injury, which is why you should hire an experienced attorney to fight this battle for you (visit the mlklaw.org)

One of the most common questions workers’ compensation attorneys get asked is whether workers are still entitled to workers’ compensation if they are responsible for the accident that resulted in their injury, be it improper handling of equipment or causing a traffic accident. Thanks to the fact that workers’ compensation is a no-fault system, the answer is yes.

What Does a No-Fault System Mean?

If a construction worker gets injured using a piece of equipment you can blame it on a lot of things. You can blame it on malfunctioning equipment, improper training or workers’ incompetence. But when it comes to workers’ compensation, it does not matter if the fault was theirs or not. As long as they got their injury while working, they are entitled to the benefits. If your employer or the insurance company providing the insurance try to convince you otherwise, immediately seek a workers’ compensation lawyer.

The no-fault system guarantees that the insurance company will pay the workers’ benefits regardless of their part in causing the accident. The insurance company has to pay their medical bills and lost wages without having to withstand a long court process to determine guilt.

Fault vs. No-Fault System

In a fault-based system, you have to determine who was responsible for the injury. Car accidents are one common example of a fault system. With traffic accidents, you have to determine who caused the collisions and the injury either party sustained. Once you do, they are responsible for paying the damage, medical bills, and other expenses.

In a no-fault system, this step is eliminated. This is good news for workers, as they won’t have to wait too long before they receive their workers’ comp benefits.

How Does This Affect Injured Workers?

The no-fault system can take some pressure off of injured workers who can receive the much needed financial aid even if they might have been responsible for the accident. A careless worker who injured himself still has the right to receive compensation for any lost wages or hefty medical bills.

However, it’s worth noting that in some cases where workers deliberately try to cause an accident and fool the system, they won’t receive any benefits. However, these cases are very few and far in between.

There’s also the challenge of proving workers did, in fact, receive their injuries at work, or that there’s a connection between their injury and the job they were tasked with doing.

The no-fault system protects both the worker and the employer as it eliminates the need for long hearings and court processes. Furthermore, it helps worker stand back on their feet, both literally and financially.

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About the Author

The attorney at Blackwell Law Offices, PLLC is committed to provide aggressive legal representation for criminal, DUI and personal injury matter throughout Arizona.