Do I Have to Prove That My Employer Was at Fault in a Workers’ Compensation Case?

Posted on : August 3, 2017
If you're hurt on the job, you need to file a workers' compensation claim

When an accident happens, it’s natural to play back the scene over and over in your head. For an injured worker, you’ll mull over the facts and wonder whether or not anyone could have done anything different to prevent these serious injuries. If you think that your employer is to blame for the injuries you sustained, you’ll want to take action to hold him or her accountable. Or perhaps you’re afraid that if you file a workers’ comp claim that your employer will discriminate against you because of it.

There are many different facts that make workers’ compensation cases, regardless of your location, different from typical personal injury cases. In many personal injury cases, for example, you would need to illustrate a degree of fault in order to recover compensation. Unlike these traditional lawsuits, the workers’ compensation system does not rely on proving that some other party was at fault. This means that you do not need to illustrate that your employer was at fault to be able to recover compensation through the workers’ comp program in your state. Most people are covered by workers’ comp regardless of the injuries. 

As long as you were an employee of the company and sustained a work-related injury, benefits should be available to you. By pursuing a workers’ compensation claim, however, you should know that you are not eligible to sue your employer in court to recover any other monetary damages for your injuries. The benefits for workers’ compensation may be more limited than what you could pursue in a personal injury case but payment in many cases is easier to get and the process is much more simple to work through. Regardless of the simplicity, it can be very difficult to understand your responsibilities and your role as you move forward with a workers’ compensation claim. Identifying an attorney who has an extensive background in this field may be a pertinent first step for someone who has been injured on the job. Make sure that you report your injury to your employer before filing a workers’ compensation claim and retain an attorney as soon as possible.