If No One is at Fault, Who Pays for a Worker’s Comp Claim?

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The worker’s compensation, or worker’s comp, program in America was instituted to help individuals that were injured while in the workplace. Under this program, any working person that sustains an injury while on the job is entitled to financial compensation in order to pay for medical expenses related to that injury and, in some cases, lost wages that happen as a result. If the company is responsible for the injury in some way, either by not providing a safe work environment or safety equipment or some other circumstance, the injured employee may also be eligible to receive more. If no one is at fault, however, is compensation still granted?

The answer to that is yes, every person is entitled to worker’s compensation, regardless of who is deemed at fault. Whether it is the company, another employee, or even an accident caused at the hands of the injured person, compensation is still granted. The majority of the time, however, it is not the employing company that pays for a worker’s comp claim, it is the employer’s insurance company. 

Companies acquire insurance specifically for situations where worker’s comp is needed to be dispensed. A situation where no one is at fault is the exact time when that insurance comes to fruition and the insurance company pays the injured employee his or her compensation. That being said, there are many times in which an insurance company will try to get out of paying by denying the employee his or her right to compensation.

If this happens, you should immediately consult with an attorney who will fight for and with you. At the Franco Law Firm, we have the skill and experience to help you win your worker’s compensation claim and be able to be financially secure while you recover from your injury. To schedule a free consultation with us today, please call (813) 872-0929.