Workers’ compensation is a “No-Fault” remedy created by statute. Negligence on the part of the employer or a co-employee is not an issue. Workers’ compensation statutes and case law have changed the nature of workers’ compensation and have carved out numerous exceptions. There are numerous written materials on the legal issues surrounding workers’ compensation. Please call our office or go to our website for more detailed analysis.
Knowledge is power, I think it is important for you to know the more common issues to help you understand your workers’ compensation claim. The injured worker has the burden to prove each element of his injury by accident. He must prove that he had an injury by accident that arose out of and in the course of his employment, which resulted in incapacity. This is where a good workers’ compensation attorney may be able to help.