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How Does Fault Influence an Illinois Workers’ Compensation Claim?

Posted on in Workers' Compensation

McHenry County Workplace Injury AttorneyWork accidents can lead to traumatic brain injuries, spine injuries, neck injuries, internal organ damage, broken bones, and other serious injuries. Many work injuries are the result of sudden traumatic accidents. Others are caused by long-term exposure to hazardous chemicals, cumulative trauma caused by repetitive motion, or years of manual labor. In Illinois, workers’ compensation is “no-fault” meaning that you do not have to prove another party was at fault to recover compensation.  However, there are still ways that fault can influence your case.

Workers’ Compensation Claims and Fault

To recover compensation for medical expenses and lost income through your employer’s workers’ compensation insurance, you must only show that the injury occurred at work. You do not have to prove that your employer, co-worker, or another party was to blame for your injury. You can even recover compensation if the accident was your own fault. However, there are some specific situations in which a worker cannot recover compensation through workers’ compensation. For example, a worker may be barred from compensation if the injury was self-inflicted or if he or she was injured while committing a crime.

Can I Sue My Employer if The Employer is At Fault?

Being injured at work because of your employer’s oversight or irresponsibility can be infuriating. Unfortunately, the Illinois Workers Compensation Act significantly limits an injured worker’s right to sue their employer. However, you may be able to sue your employer if the employer intentionally injured you. You may also be able to sue your employer if the employer does not carry workers’ compensation insurance in violation of Illinois law.

Third-Party Liability for a Work Accident

Sometimes, a third party is at fault for a work accident. Consider the following example: A construction worker was working on the side of the road when he was struck by a motorist. The construction worker suffered severe injuries that required him to miss work for several months. In a situation like this, the construction worker may have the right to pursue a third-party claim against the motorist in addition to his workers’ compensation claim.

Third parties who may be responsible for work injuries include but are not limited to:

  • The company that designed, manufactured, or distributed a defective product

  • The property owner

  • A machine operator

  • A contractor or subcontractor

  • Another company sharing the workspace

  • A motor vehicle driver

Contact a McHenry County Workers’ Compensation Lawyer

If you were hurt in a work accident, you may have several different options for pursuing financial compensation. The Crystal Lake injury attorneys at Botto Gilbert Lancaster, PC can help. Call 815-338-3838 for a free consultation.



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