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If one of your employees is injured while working, workers'
compensation insurance is the usual means by which the injured
employee would be compensated. Workers' compensation is a form of
mandatory, no-fault insurance. As long as the employee was injured
during the course of his or her employment, he or she is assured of
obtaining workers' compensation benefits without the need to prove
there was negligence by you even if the injury was the fault of the
injured employee or other parties.
Workers' compensation represents a quid pro quo: The employee is
entitled to workers' compensation benefits to compensate for
injuries and lost wages without having to establish negligence by
you, and your liability is limited to payment of workers'
compensation insurance benefits. In return for the employee's
assurance of receiving compensation when there is an accident
without demonstrating any fault, the employee is precluded from
seeking additional compensation from you. In return for you
providing workers' compensation insurance, you gain immunity from a
tort liability claim from the employee unless there is evidence you
intentionally caused the injury.
But what happens if you do not have workers' compensation
insurance? And what if an injured employee, dissatisfied with the
amount of workers' compensation recovery, believes a general
contractor, upstream subcontractor or building owner is at fault
for the accident? Can the injured employee, after receiving
workers' compensation benefits,...
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