The California Workers Compensation system is complex, but the entitlement to workers compensation benefits can be distilled into one simple rule:
If you are injured as a result of your work, you may be entitled to benefits – even if the injury was your fault.
In fact, in order to qualify for workers compensation benefits, all that needs to be established is that your work caused, or contributed, to your injury.
An employer may react to a no fault system as “unfair” to them – at least until they know the facts. First, the “no fault” rule works both ways – i.e. even if the employer was at fault for the injury ( or a condition like cumulative trauma ), the employee cannot usually sue the employer in civil court. Therefore, the employer is protected from a civil jury awarding damages, even if the employer was negligent. Second, the employer does not have to pay traditional damages to the employee ( pain and suffering, lost wages, etc. ) but, rather, is only responsible for the limited benefits owed under the workers compensation schedules.
There are exceptions to the above general rules, of course. For example, if an employer doesn’t have workers compensation insurance, the employer may lose the protections of the workers compensation system and be forced to pay damages. Also, if an employer was reckless and caused injury, the employer may have to pay extra benefits to the worker.
What is important to remember is this: It is a NO FAULT SYSTEM – even if the injury was your fault.
We Are Here To Help You.
Whether a work injury was your fault or not, you may be entitled to Workers Compensation benefits.
To find out, call us at 714-547-5025.
The consultation is free and confidential.