If you suffer a workplace injury, the experience can be stressful and debilitating. Many people are aware that the Mississippi workers’ compensation system provides benefits for on-the-job injuries, but they are unclear about how the program works. Anxiety associated with these unanswered questions can mount while you are missing work. The mortgage bill, groceries, gas, utilities, and other expenses do not disappear when you are unable to work. This process can be less stressful when you understand your legal rights and the workers’ compensation system. This blog post answers frequently asked questions about what “no-fault” means in the context of workers’ compensation claims.
How does no-fault in the workers’ compensation system differ from negligence claims in personal injury lawsuits?
When a third party like an equipment rental company is sued rather than an employer, the company that provided improperly maintained equipment might be liable for negligence in keeping the equipment in safe working order. When fault is an issue, the negligence of the third party generally must be established by the injury victim to obtain a judgment. Further, the third party might reduce or avoid liability by shifting some or all of the blame for an accident to the injured employee. When workers’ compensation benefits are at issue, the negligence of the claimant is irrelevant subject to the intoxication exception discussed below.
What is the rationale for making benefits available on a no-fault” basis?
Workers’ compensation benefits are granted on a no-fault basis for a number of reasons. The no-fault criteria permits an injured worker to obtain immediate medical care free of charge regardless of who caused an on-the-job injury subject to limited exceptions. This prompt access to free medical care facilitates the ability of the employee to get back to work and earning income promptly. Litigation is a more lengthy process especially when it involves establishing fault based on evidence that often is in possession of the other party to a personal injury claim. Because the cost of litigation is avoided, the insurance company and the employer save money and time in resolving the dispute.
Does the no-fault rule apply if my employer claims I caused my own injury?
Although the no-fault system permits injured employees to receive benefits even if they are partially responsible for causing their own injuries, there are narrow exceptions to the no-fault rule. If an employee willfully intended to cause his or her own injury, this type of harm is not covered for reasons that are probably apparent. However, the mere fact the employer alleges a worker intentionally injured himself does not necessarily mean that benefits will be denied. Mississippi workers’ compensation law imposes a presumption that benefits the employee in this situation, so the employer has the burden of proving that a worker intentionally caused his or her own injuries.
The other narrow exception to the “no-fault” rule involves intoxication. If the intoxicating substance is an illegal narcotic or a prescription drug that is ingested without the orders of a doctor, intoxication by these drugs or alcohol will raise a presumption against benefits being paid to the employee provided the intoxicant was the proximate cause of the worker’s injury. When a drug test reveals alcohol or drugs in an employee’s system, the employee has the burden of rebutting a presumption that the intoxicating substance was a cause of the accident.
Our Mississippi Workers’ Compensation Attorneys represent injured employees in workers’ compensation claims and lawsuits against third parties. At Barrett Law, we are here to help. Contact our firm today at (800) 707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.