Workers’ compensation is intended to provide support to individuals who suffer work related injuries. The system pays for expenses such as medical bills, costs for rehabilitation, and a percentage of lost wages. While workers’ compensation programs do not pay out as much as a civil lawsuit typically would in damages, employees benefit from the fact that these programs are “no fault.”
In short, this means that an employee does not have to show that their employer negligently caused their injuries in order to collect compensation. In fact, the employee can actually cause the injury through carelessness, and still be covered by workers’ compensation. In Mississippi, most employees are covered by workers’ compensation insurance. If a business has at least five employees, it is required to carry workers’ compensation insurance. While independent contractors, volunteers and some industry specific employees are not covered, the vast majority of workers are included.
What is the meaning of no fault?
The extent of “no fault” was challenged in Mississippi recently by a case involving a police officer who drove his car at speeds up to 90 mph, and was not wearing a seatbelt at the time of an accident. The officer, Kearney Brown, suffered injuries to his neck, head, body, and ankle when he was thrown from his vehicle in 2012. The city of Jackson sought to deny paying out workers’ compensation benefits to Brown by claiming that the officer’s conduct was so reckless that he must have intended to injure himself, and that allowing him to collect benefits would be against public policy since Brown had put others at risk through his actions.
On appeal, the court ruled in favor of Brown, requiring the city to make their workers’ compensation payments to him. The court was not convinced that the driving indicated a desire for self-harm.
The case highlights the benefits that workers get from workers’ compensation programs, In the event that this officer had suffered his injuries outside of work, he would not likely have been able to collect damages in a civil lawsuit. The accident seems to have been a direct result of Brown’s own negligent driving.
When no fault will not apply
Of course, there are limits on workers’ compensation based on the employee’s behavior. Mississippi enacted amendments to its workers’ compensation program in 2012. Employees can now be denied workers’ compensation benefits in cases where the injury was the result of the employee’s use of illegal drugs or alcohol. Employers can request that an injured employee take a drug or alcohol test to determine if he or she was under the influence at the time of the accident that caused the injury. In the event that the employee was found to be intoxicated, it becomes the employee’s burden to prove that the injury was not the result of their use of drugs or alcohol. If an employee refuses to undergo a drug or alcohol test, it will be assumed that they were under the influence, and face the same burden of proof as if they had tested positive.
If you suffered a workplace injury, contact the seasoned Mississippi Workers Compensation Attorney at Barrett Law, PLLC to discuss your claim.
