Workers’ compensation claims can be somewhat complicated. However, with skillful direction you can succeed in obtaining the benefits you are legally entitled to.
Though the legality surrounding work injuries can be complicated, many portions are quite easy to understand. One of them is the fact that workers compensation is a no-fault system. Still, if you are not familiar with legal language, you may not fully understand what this means. Below, we explain what no-fault means and how it affects your workers’ compensation case.
What No-Fault Means
What no-fault means in practice is that claims are assessed and paid out no matter who or what caused the accident. In these systems, you and your St. Louis work injury lawyer will still have to show that your injuries are legitimate and happened while at work, but you generally will not need to prove fault.
How It Compares to Fault Based Systems
In a fault-based system, such as personal injuries, proving fault is a critical piece of the puzzle. If you were to get into a car accident and wanted compensation for your injuries, you would need to prove that the other driver or a third party was at fault. Once you did, you could make a case that they are liable and should pay you benefits. In a no-fault system, like workers’ compensation, there is much less of a burden on proving who is responsible.
What It Means for Your Workers’ Compensation Case
There are three primary consequences of workers’ compensation being a no-fault system:
An Easier Path Towards Compensation – Because you do not need to prove fault, your path towards compensation should be less difficult.
No Charges – In a fault-based case, like personal injury, you may want to charge that person with a crime. A situation where this would be applicable is a drunk driver harming you or your loved ones. For workers’ compensation, there are no charges brought.
Lower Ceiling on Benefits – Though the system being no-fault is not the only reason for this effect, workers’ compensation payments generally have a lower ceiling than other types. While a personal injury suit could yield millions of dollars, the benefits of a workers’ compensation will likely be much more modest.
For example, let’s say you are a factory worker. One day, you are walking through your workplace and come to a puddle on the ground. You don’t see it, and you end up slipping and falling. This causes a herniated disc in your back. While this is a dangerous workplace condition, when you make your workers’ compensation case, your company’s negligence will generally not be a center point of it. Instead, you will primarily focus on your medical bills and the future work hours that you are forced to miss.
St. Louis Workers Comp Attorney
Workers’ compensation claims can be somewhat complicated. However, with skillful direction you can succeed in obtaining the benefits you are legally entitled to. Speak with a Missouri workers comp attorney 24/7 at (314) 361-4300.