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How Do Workers’ Compensation “No-Fault” Systems Work?


— November 22, 2019

Regardless of the liable party, workers on the no-fault compensation program will receive benefits that are due to them speedily. There will be no lengthy lawsuits or fights over who is to blame for any accidents that led to a worker injury. 


Most employers are required by law to file in a workers’ compensation insurance for the workers in their establishment. However, the insurance operates under a no fault system which makes it very effective. 

But what in the world is a “No-fault” system? According the established definition by the American institute, a “No-Fault” system means that benefits will be paid irrespective of who is responsible for the accident. You are qualified to get benefits in whatever the situation is without having to sue your employers. Subsequently, your employers don’t need to defend against such a suit. 

The no-fault system is beneficial to both employers and workers. It prevents the unnecessary lawsuits and litigations that surround on-site-job accidents. Why in the world wouldn’t an employer take advantage of this policy? 

The no-fault system speeds up the process of because of its automatic benefit coverage if your employer has this coverage. No one is comfortable with the long process of getting compensation through the court. 

What is not covered by the “no-fault system”.

While most issues are covered by the no-fault worker’s comp system, there are evidently some issues that are not covered by this system. For example, if a worker is discovered not to have followed the company’s laid down rules and safety policy he or she may be denied a worker’s compensation.

However, regardless of the situation, it’s your right to demand that you get compensated if you are injured on the job. Be advised also, that it’s not your duty to pay for your worker’s compensation, that is solely the responsibility of your employer.

Your employer has no right to demand that you not file for a worker’s compensation by any means. You can file for it at any time you deem fit but be advised that you lose the right to sue your employer once you file for worker’s compensation.

Fault versus no-fault Systems

Are there any differences between a no-fault system and a fault system? Emphatically yes, a no-fault system operates without taking into consideration the guilty party. For example, there are states where insurers pay on auto accidents irrespective of who is responsible for the auto crash. The injured person will get compensation to cover medical bills and lost wages.

Man’s hand showing two injured fingers; image by Markus Spiske, via Unsplash.com.
Man’s hand showing two injured fingers; image by Markus Spiske, via Unsplash.com.

On the other hand, a fault based system operates by investigating who is at fault before compensation is paid out. The persons or individuals involved in an accident will have to prove that the fault was from the opposing party before claims can be paid out to him. 

The benefits no-fault systems have over fault systems is that claims can be paid out much quicker because there is no need for lengthy disputes and the burden of providing proof of fault. Victims will receive claims much quicker to solve pending health and financial challenges. 

A look at “no-fault” system in worker’s compensation insurance

Regardless of the liable party, workers on the no-fault compensation program will receive benefits that are due to them speedily. There will be no lengthy lawsuits or fights over who is to blame for any accidents that led to a worker injury. 

Compensation benefits can also be claims for accidents that involve faulty equipment, incorrect instructions laid out by a supervisor, or the negligence of a third-party. Even the carelessness of the employee in question is covered under the “no-fault” workers compensation system.

If, for example, a worker who operates as a janitor in an establishment carelessly leaves cleaning solution on the floor, and gets hurt in the process, he will still quality for a worker’s compensation benefit. The accident that results from his carelessness doesn’t exclude him from receiving a compensation benefit. There are specialized law firms in the United States, like Maggiano, DiGirolamo & Lizzi P.C Law Firm, that can help you address any issues that arise from claiming benefits from the “no-fault” compensation system. Get in touch with a dedicated lawyer today.

Benefits of “No-Fault” Worker’s compensation system

1. The very first and obvious benefit is that it doesn’t take into consideration the offending parties before claims are paid out. Once a worker has filed for a compensation benefit, it is looked into and benefits are paid out irrespective of the liable party. 

2. The process is faster than traditional lawsuits. Why wait for lengthy lawsuits that can take years before a verdict is reached? Take advantage of the worker’s compensation system and what is due to you in medical expenses and lost wages will be paid out to you.

3. Almost everyone is covered including the dependents of workers who are killed in the line of duty. They too, get compensated with the limits of the coverage.

4. The system eliminates the need for lengthy lawsuits and unnecessary litigations brought before the law court.

5.Limiting laws have also been set up to protect the interest of employers and workers. This law limits the maximum amount a worker can file for from the employer and also removes the liability of co-workers 

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