What If I Was at Fault For my Work-Related Injury. Can I Still Get Workers’ Compensation Benefits?

Illinois Workers’ Compensation covers almost all employees or workers by law in the state of Illinois, regardless of who is at fault for the injury. Generally in Illinois, you can still recover even if you were at fault, after deducting the percentage of your fault from the award. Consult an attorney if you have been injured on the job to find out exactly what benefits you are entitled to by law within the specific parameters of workers’ compensation.

No. Employers can still use certain defenses if you file a workers’ compensation claim with it. While they basically cannot contest your broad right to recover for work-related injuries, they can critique the claim itself. For instance, they can argue about the scope of your injuries. They can also doubt whether the injury was work-related at all. Finally, they can complain that your response to the injury was excessive and unwarranted. As you can see, these don’t challenge the overall framework of workers’ compensation in Illinois but rather just play at the margins.

You generally cannot sue for work-related injuries or for work-related aggravations of pre-existing injuries. Illinois puts these claims into the system of workers’ compensation arbitration. The limited circumstances when you can sue for injuries you sustained at work include when someone intentionally harmed you or when your employer was acting in another capacity at the time of the injury. If you do sue following one of these scenarios, then your fault can definitely be an issue. Illinois adopts the modified comparative fault regime. This means that you can still recover in a lawsuit as long as you were not more than 50% responsible and your recovery will be lowered by the percentage of culpability that you had.