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Friday, June 29, 2007

No Fault Compensation

Worker’s Compensation is among the oldest if not the oldest social insurance program in the United States adopted by the state of California and most of the states as well.

Prior to the worker’s compensation, an employee injured while on the job were only able to claim damages against their employees by pursuing civil or torts laws. Workers’ compensation, or originally called workman’s compensation, was enacted to help worker’s who have been injured with no means to sustain themselves and their family due to the sudden misfortune. It also lessens the number of litigation and minimizes stress for both employers and employees since an employee need not prove any fault on the part of the employer to be able to claim compensation and the employer will not be burdened by any unnecessary lawsuits as a result of work related diseases or injuries suffered by the employees.

Worker’s Compensation is valuable to all working individuals since the program provides protection to workers and compensates for lost wages and medical expenses. It is a no fault claim because the employee doesn’t need to prove that he was injured or disabled by somebody else’s negligence or fault. However, being a worker’s compensation, it must at least be proven that the injury or disability happened while on the job or as a result of the performance of his job.

The great thing about this no fault worker’s compensation is that the employers assume costs of occupational diseases and injuries. The payments, however, is determined by state law in relation to whether the injury is slight or significant.