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Does Fault Matter?

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Many injured workers are surprised to learn that, as a general rule, it does not matter to the Indiana Workers’ Compensation Board if your accident was the fault of someone else including your employer.  Our workers’ compensation laws are what we call “no fault” and if you are upset that your accident could have been prevented and/or was the fault of someone else, you do not have the right to sue your employer for this accident.  However, if your accident happened due to the fault or negligence of what we call a “third party” you would have the right to sue that third party.  Examples of third parties are an employee of another company working at your facility, a company responsible for maintaining the premises such as a snow removal company, the manufacturer of a machine if the machine is defective, or any other third party.

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