Written by: Don Myles & Les Tuskai

Introduction

Workers’ compensation is a statutory system originally conceived and designed to quickly and efficiently provide comprehensive benefits to injured workers without the need for litigation. It is a “no fault” system, meaning the injured worker recovers regardless of any contributory negligence. Under the system, both workers and employers benefit. Injured employees recover without having to navigate through potentially contentious litigation with their employers. On the other hand, employers cannot be sued by the employee, and they pay statutorily scheduled benefits not subject to jury intervention. Most employers purchase workers’ compensation insurance to cover their workers’ compensation obligations. That insurance is intended to pay the benefits the employer would otherwise owe the injured employee.