Why Workers’ Comp is No-Fault

Workers’ comp is a no-fault system which means that liability is not considered in most cases. However, liability does matter in specific cases. Keep reading to learn more.

Employer Liability

No-fault cases excuse employers from liability in a workplace accident situation. Injured workers cannot – usually – sue their employer for negligence in connection with a workplace accident. Claimants do not have a burden to prove evidence of fault or liability to recover benefits and compensation is collected through the company’s workers’ comp system rather than directly from the employer.

However, in some cases, an employer could be held liable if gross negligence or misconduct caused harm. For example, if an employer does not provide training on heavy machinery and a worker uses a machine incorrectly and sustains an injury they may be to blame.

Employee Liability

An employee may not be liable or need to provide evidence if they caused their own accident. If an injury occurs due to an individual’s oversight, forgetfulness, or general lack of preparedness they may still collect benefits.

On the other hand, employees may be held liable if their gross negligence or misconduct contributed to their injuries. If an employee engaged in misconduct, they could disqualify themselves from receiving benefits. For example, if an employee initiates a fight where they break a bone, they may not collect workers compensation.


At the worst, an employer or employee could be held liable for more than an injury if they are guilty of gross negligence. In these cases, the injured party may have grounds to sue for punitive damages rather than compensatory damages. At best, employers and employees can give and receive benefits without an extensive investigation into the cause and effect of the accident.

However, regardless of the circumstances, it is crucial that employers and workers consult an attorney about their case. Contact the Law Offices of Wax & Wax today to learn more.