The Great Compromise – The Idea Behind the Workers Compensation System

The workers compensation system is often referred to as “the great compromise” . The compromise is that workers give up their rights to claim damages in a civil court (negligence and/or pain and suffering), and employers/insurance companies agree to pay benefits to workers for injuries occurring during the course and scope of their employment on a “no fault” basis and allow injured workers to receive their benefits without the long litigation process of traditional civil suits. However, this compromise is always being threatened by insurance lobbying efforts seeking to destroy the compromise in favor of preserving their bottom line.

In theory, this is a great compromise for injured workers because the idea is to expedite the process and get injured workers their benefits much more quickly than if they had to file a “lawsuit” in civil court and have to prove the accident was someone else’s fault. The downfall of a no-fault system and the biggest hurdle I see facing injured workers is that the insurance carriers have limitless funds and time to fight this “expedited” system by dragging out and significantly delaying what should be a shortened approval process by denying and investigating claims and other delay tactics, in hopes that injured workers will give up their claim for workers’ compensation benefits out of anger, frustration, or desperation.

Our office is here to help injured workers understand the process and be informed about their rights and responsibilities as an injured worker. I urge every injured worker out there to get educated about the system and protect themselves from the ever growing reach of the insurance companies.

If you would like more information on the Virginia workers compensation system, order my book, “The Ultimate Guide to Workers Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.