Under common law, workers injured in industrial accidents could sue their employers for damages. However, the employee has to prove that the employer was at fault. Employers usually argue that the employee contributed to the accident, that the employee assumed the risk of injury in accepting employment involving a known hazard, or that fellow workers rather than the employer were responsible for the injury. Because these defenses are frequently persuasive, injured workers often received no compensation at all.
State workers compensation statutes make an employer liable for the payment of medical expenses, weekly compensation for lost wages, and other benefits to a worker injured on the job. The employer is responsible whether or not the injuries are caused by the employer’s negligence-in other words, on a no-fault basis. To finance this liability exposure, most employers purchase workers compensation insurance. Most employers are required by law to purchase this insurance.
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