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What does no-fault mean?

On Behalf of | Jan 19, 2021 | Workers' Compensation

The workers’ compensation system is a no-fault system. According to FindLaw, a no-fault system is one in which you may receive payments for your injuries without having to prove your employer was at fault. 

The no-fault system is in opposition to taking your case to court. If you were to go to court, you would have to prove your employer was responsible for your injury. In addition, your employer would have to mount a defense against your claims. Neither of these things happens in a workers’ compensation claim situation. 

In exchange

Because workers’ compensation operates on a no-fault basis, it requires you to give up the ability to file a lawsuit against your employer for the injury or incident. You will receive benefits through the system based on an assessment of your injury and situation. You do have the right to appeal decisions and ask for different benefits, but you do this through the system and not through the courts. 

Your employer gives up the ability to defend itself against your claim and loses the chance to not pay for an incident. It also has to pay for the workers’ compensation insurance, which is an expense that an employer cannot pass on to employees. 


Benefits of the no-fault system for you include being able to get quick payment for medical expenses and lost wages. It also saves you from having to pay fees for going to court because workers’ compensation is at no cost to you. 

For employers, the workers’ compensation system is beneficial because it prevents costly lawsuits. It enables employers to quickly handle accidents and injuries and to move forward with little to no disruption in operations.