The fundamental concept of the workers compensation (WC) and employers liability (EL) insurance policy is the employer is responsible for paying benefits to an employee injured on the job whether or not the party was negligent. Although state laws vary substantially the benefits granted by workers compensation laws are intended to be an employees exclusive remedy for claims against their employer in all states.
Unlike commercial general liability and to a great extent commercial auto the workers compensation system is based on the concept of no fault. The workers compensation system does not seek to prove whose fault the injury was before paying the benefits. From a carrier’s standpoint and injury or disease is compensable if:
- the injury is accidental from the injured person’s view- assumption of risk
- The injury arises out of the individual’s employment- contributory negligence and
- The injury arises in the course of the individual’s employment
The workers compensation and employers liability insurance policy is the cumulative result of almost a century plus of compromise between employers and employees. Here is how the system works. The injured employee essentially relinquishes their right to sue their employer for employment related injuries in return for a statutory imposed mechanism for providing specific scheduled benefits.
For more information on workers compensation in Beckley West Virginia, contact our office at 304-252-6568 or stop in at 2955 Robert C. Byrd Dr. Beckley WV 25801. We represent many of the best workers compensation carrier’s in West Virginia and will do everything we can to find the best policy for your business’s needs.