At the core of the workers’ compensation system in America is the compromise between the employer and the injured employee: That the employer won’t face civil litigation, for which it would potentially be liable for big payouts for pain and suffering and other damages, while the worker doesn’t have to be fault-free and the process to get benefits is supposed to be faster.
Based on these principles, there are a number of presumptions that are made that are supposed to tilt the scales slightly in favor of the worker. Among those is that workers’ compensation acts are supposed to be liberally construed to accomplish the purpose of providing injured workers benefits. So doubts are supposed to be resolved in favor of the worker.
This does not mean the worker will necessarily have benefits handed to them or that he or she won’t have to fight for them. Continue reading →