Why The “No-Fault” System Is Crucial To Workers' Compensation
You were injured while on the job. As a result of your treatment you incurred medical bills and also lost wages while you were missing work during recovery. You'd like to file a Workers' Compensation claim with an attorney to try to obtain a settlement that could help you recover these expenses.
However, thinking back on the incident, you feel that your employer provided a safe workplace and maybe even that your own negligence contributed to the accident. Should you still pursue a claim? Contrary to popular belief, the answer is “yes” most of the time. The reason being California's “No-Fault” system of Workers' Compensation.
What Does “No-Fault” Mean?
The American Institute defines a “No-Fault” system as meaning that benefits will be paid irrespective of who is responsible for the accident. In other words, the employee is generally entitled to receive stated benefits whether or not the employer provided a safe workplace and whether or not the worker's own carelessness contributed to the injury or illness.
In addition to the employee protections provided by this system, it also protects the employer. Employees' compensation are limited to partial wage replacement and payment of medical bills. An injured employee can not get paid for pain and suffering or mental anguish, and usually can not file a private lawsuit.
How Does The “No-Fault” System Benefit My Claim?
There are five key ways in which the Workers' Compensation “No-Fault” System may directly benefit your claim:
- Speed – The process of filing a Workers' Compensation claim based on the “No-Fault” system is usually much quicker than traditional lawsuits. This expedited process will prevent you from feeling the stress of a dispute for an extended period of time as is typical of most lawsuits.
- Avoid the fight – Once you've filed for compensation benefits, you claim is looked-at and benefits are paid out. This process is executed regardless of the liable party. Usually, a direct dispute if the most stressful part of any lawsuit. This is generally easily avoided in a Workers' Compensation lawsuit.
- Stay out of court – A result of the above benefit of avoiding an adversarial defense against your claim, it is likely that you will not have to step foot in a courtroom to endure prolonged lawsuits and stressful litigations from the time you file your claim to the time you actually receive your settlement.
- Comprehensive coverage – The coverage under this system is broad, many types of workers are included. Even the dependents of workers killed while on-the-job are entitled to compensation (albeit under limits to the coverage).
- Mutually beneficial – As mentioned above, this system does not exclusively benefit the injured employee. Even employers and co-workers value this system. That is because there is a legal maximum to the amount a worker can file to recover from the employer and co-workers are relieved of liability.
Contact Alexander Napolin Today
When an employee injured on the job seeks the advice of an attorney, it is imperative that the lawyer advise them of the types of benefits that can be recovered under California Workers Compensation law. Many attorneys do not explain it properly, leaving the injured worker in the dark on what can be reasonably expected at the end of the lawsuit.
As a workers compensation lawyer, I always explain the categories of benefits that are possible to recover and how they differ from recovery in other types of lawsuits. For more information on Workers Compensation visit NapolinLaw.com or call Attorney Alexander Napolin at 909-325-6032.
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