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Who is at fault in a workplace injury?

On Behalf of | Oct 11, 2022 | Workers' Compensation

From machinery accidents to repetitive overuse, many things can cause workplace injuries. California has a no-fault workers’ compensation system that supports injured workers and protects employers, too.

If you experience an injury at work, you should know about the no-fault system and how it can affect your workers’ compensation claim.

No-fault regulations

In many states, including California, workers’ compensation has no-fault rules, which means that workers can receive benefits for injuries they caused. For example, if you drop a heavy piece of equipment and seriously hurt yourself, you can still file for workers’ compensation. Furthermore, the no-fault system prevents lawsuits against employers for injuries that occur on worksites.

Non-compliance exceptions

Employers and their insurers can deny a workers’ compensation claim by stating that the employer’s behavior was non-compliant. This means the worker ignored company policy and safety regulations and then experienced an injury. For example, if you refuse to wear safety gear and follow standard operating procedures on the job, your employer can try to deny your claim.

Third-party liability

Sometimes workplace injuries occur because of the actions of a third party. For example, if a car hits you while you are working at a construction site, and the driver has no affiliation with your employer, you can sue the driver for damages and file for workers’ compensation benefits. Workers can also sue manufacturers for faulty equipment that leads to injury.

As a worker, you deserve support if your job injures you. Here in California, the no-fault system of workers’ compensation can benefit employers and employees in different ways.