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Can I File a Workers Compensation Case If I Was 'At-Fault' For an Accident?

What If I Was at Fault For my Work-Related Injury. Can I Still Get Workers' Compensation Benefits Yes. You can still get workers' compensation benefits even if you were at fault. Like many other states, Illinois has a no-fault system for workers' comp and this means it doesn't matter who was responsible for the accident that caused your injuries.

How Exactly Does Workers' Comp Work in Illinois?

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.

Does This Mean my Employer Can't Defend Itself?

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.

Can I sue my Employer if I was at Fault?

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.

Call Us to Learn More About Your Workers' Compensation Claim

We know that you have many questions about your injury and possible workers' compensation claim. This field of law implicates important questions related to fault, compensation, expenses, and other issues. We can help you understand all of these dimensions in a way that makes sense.

Also, we know that your main goal is to get better and get back to work. That's why we have assembled a group of attorneys with a deep breadth of experience in Illinois' workers' comp law-so that you can recover quickly.

The Illinois claims process is slow. However, we have experience pushing it into high gear. It takes a lot of skill, energy, and resources but we can provide all of that. Plus, Rosenfeld Workers' Compensation attorneys will provide a free case evaluation, with no obligation – simply complete the contact form or call us at 888-424-5757.

For additional information see the following pages:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa