Which of the following does not affect the determination of damages in a workers compensation claim?

In a workers' compensation context, the determination of damages is based on the nature of the injury and the associated costs, rather than assigning fault. This is a distinctive feature of workers’ compensation systems, which operate under the principle of no-fault, meaning that it does not matter who caused the injury; the injured employee is entitled to benefits for their injuries regardless of fault.

Thus, factors that directly impact the determination of damages include the severity of the injury, which indicates how much compensation may be warranted, and the medical expenses incurred, which reflect the actual costs arising from the treatment of the injury. Additionally, the employer's insurance policy limits can affect the maximum amount a worker can claim, as these limits dictate the financial resources available for compensation. However, the party at fault does not play into the calculation of workers’ compensation benefits, distinguishing it from other types of liability claims. This focus on injury and cost without regard to fault is crucial for understanding the framework of workers’ compensation claims.