What Is Liberal Construction in Workers’ Compensation Law?
In any number of situations, a determination of the fine point is made, and we are wondering, “How the heck was that determination made?” A written statute, rule, or previous decision can fall victim to the nuances of the English language. Dating back to 1928, the legal concept of liberal construction was coined. Liberal construction allows many state statutes, particularly workers’ compensation laws, to be construed in a fashion that favors the injured employee.
Why the Law Leans Toward the Injured Worker
It is clear that by participating in the workers’ compensation system, the injured employee forgoes certain protections under other aspects of the revised statutes. To compensate for these “losses,” the concept of liberal construction is to be applied to protect the interests of the injured employee. This allows for inexpensive meaning in terms of provisions and other aspects of the statute. Understanding that the goal of liberal construction is to allow for the full possible effect of implementing the statute’s requirements and noting that not every type of situation can be imagined before writing the statute, this loose (or expansive) interpretation of the statute assists the injured worker in any way reasonably possible.
How Courts Apply Liberal Construction to Gray Areas and Ambiguities
Workers’ Compensation laws are designed to benefit injured employees. Therefore, by liberally construing the intent of the statute in favor of the injured employee, all possible protection is afforded. In this particular scenario, certain facts associated with the case may be considered by the judge, who can take these tangential factors into account when making the determination. Liberal construction does not eliminate the need for evidence of injury or causation. Instead, when statutory language is ambiguous, courts resolve doubt in favor of coverage—even when the facts present a close call or fall into a gray area not explicitly addressed by the statute.
Legal Backing: Section 312.006 and the Texas Supreme Court
This idea of liberal construction has become such a hot button that the government code was revised (section 312.006) outlining that “the revised statutes are the law of this state and shall be liberally construed to achieve their purpose and to promote justice.” It is specifically noted that the common-law rule requiring strict construction does not apply to the revised statutes. Furthermore, the Texas Supreme Court has noted that this doctrine must be decided in favor of the injured employee when there is a question of application.
Real-Life Impact: What Close Calls Mean for Injured Workers
If you have ever played Little League baseball, you have heard that ties go to the runner. However, under this concept, it is not only the ties that go to the injured employee, but close calls are also to fall in their favor.
Perhaps a better understanding of the concept of liberal construction will assist you in understanding some of the decisions reached in the workers’ compensation system. And I want to emphasize that perhaps it is the operative verb.
