Thursday, 17 December 2015
No-Fault in Worker’s Compensation Insurance
Workers’ Compensation Insurance is a state-mandated program designed to provide for employees who are injured or become ill on the job. Massachusetts’ workers’ compensation program is a no-fault system, which is usually beneficial to both the employer and the employee.
Employee Benefits of the No-Fault System
As an employee, you do not need to prove that your employer was at fault for the injury to begin receiving workers’ compensation benefits. In fact, in most cases, it does not even matter if you were responsible for your own injury. You merely have to give satisfactory evidence that the injury or illness occurred while you were performing your job duties. This allows you to begin receiving compensation for lost work and medical care immediately, instead of waiting for a civil action to be resolved to get reimbursement.
Employer Benefits of the No-Fault System
The no-fault system of workers’ compensation helps the employer because in exchange for a speedy review process and immediate benefits thereafter, the employee waives their right to sue their employer in a civil action for additional damages. The only circumstances where the employee’s right to sue is not waived is if an employer does not carry the required workers’ compensation insurance or in the event that an employer intentionally injures the employee.
The reciprocal benefits to employee and employer make the workers’ compensation insurance program a fair solution in most cases. If you have any doubts or questions about your personal case, it is a good idea to consult with a qualified workers’ compensation attorney.