Eureka, CA asked in Workers' Compensation for California

Q: What does it mean that workers' comp is a "no fault" system?

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2 Lawyer Answers

Dr. Peter Marc Schaeffer Esq.

PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: Simply put... if you get injured at work... you don't have to prove you were not negligent nor do you have to prove your employer was negligent. You got hurt at work... you are covered...(unless you were fooling around and caused your own injury)

Timur Akpinar agrees with this answer

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: It means that even if the employee makes a big mistake and gets hurt, a claim can still be filed. In a fault system, if the employee contributed or made a mistake and caused the injury, the employee could not file a claim, or would have the claim reduced by the percentage of negligence attributed to the employee. While the employer is also shielded in the no fault system, a claimant can still file a Serious & Wilful claim if the employer's conduct was so outrageous as to be wanton or reckless.

Timur Akpinar agrees with this answer

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