Were you or a loved one hurt on the job? You need compensation to cover your medical costs and to help pay your bills. In Delaware, virtually all employees are covered by no-fault workers’ comp insurance. This raises an important question: What does “no-fault” actually mean in a workers’ comp claim? The short answer is that it means a worker does not need to establish negligence. However, there are some exceptions. Here, our Wilmington workers’ comp attorney highlights the key things to know about the no-fault standard of liability and the exceptions to the rule.
No-Fault Workers’ Comp: No Need to Prove Employers Were Responsible for Injury
The Delaware Department of Labor explains that our state’s workers’ comp insurance system is “no-fault.” It is fundamentally designed to support employees who get injured or sick because of their jobs. Unlike other legal claims, injured workers do not have to prove that their employer did something wrong or was otherwise at fault for their injury. In other words, negligence is not a factor in workers’ comp cases.
Three Key Exceptions to the Rule: An Employer Can Raise These Defenses
Although workers’ comp claims in Delaware are no-fault legal cases, that does not mean that liability is automatic. In fact, there are some statutory and case-based exceptions. An employer or insurer could deny a workers’ comp claim in Delaware based on any of the following grounds:
- Personal Conflict Between Employees: One central exception to the no-fault rule is if an injury results from a personal conflict between employees that is unrelated to their work. If the disagreement or fight has nothing to do with the job, the employer might argue that workers’ comp should not apply. In Delaware, a workers’ comp claim could be denied on these grounds even if the incident occurred within the workplace.
- Wilful Self-Exposure to an Occupational Disease: Another exception is if an employee intentionally exposes themselves to a disease or condition that is known to be a risk in their job. For example, if someone knowingly removes protective equipment and becomes ill as a result, the employer might claim that the workers’ comp coverage should not apply. The key here is the word “willful”.” An accident by an employee should be covered.
- Injury Caused By Employee’s Own Intoxication: The third key exception is if an injury is caused by the employee’s own intoxication from drugs or alcohol. If it can be proven that the employee was under the influence at the time of the injury—and that this intoxication was the primary cause of the injury—the employer may not have to provide workers’ comp benefits. A worker who was improperly intoxicated in the workplace may not be able to recover workers’ comp benefits.
Contact Our Wilmington Workers’ Comp Attorney for a Free Case Review
At Freibott Law Firm, our Wilmington workers’ comp law firm has the knowledge and legal experience that you can rely on. Have any questions about a claim? Call us now or contact us online to arrange a no-cost, no-commitment case evaluation. From our Wilmington office and our Lewes office, we advocate for the maximum financial benefits for injured workers across Delaware.