Can You Still Receive Workers’ Comp If You Were at Fault?

Categories: Illinois Workers’ Compensation Law. | September 27, 2021

Workers Compensation in Illinois is a no fault benefits system. A no-fault insurance system works by paying claims regardless of who is to blame for an accident. This means that the insurance pays workers’ comp benefits no matter who is found to be at fault for the accident. An injured worker need only prove that the injury arose from the “course and scope” of the worker’s employment.

Illinois Workers’ compensation is a system of benefits that:

– Pays for the lost time from work
– Pays for the medical treatment and medical bills
– Pays for any temporary or permanent disabilities

There are three basic eligibility requirements for workers’ comp benefits:

– You must have a work-related injury or illness
– Your employer must carry workers’ comp insurance
– You must meet your state’s deadlines for reporting the injury and filing a workers’ comp claim

These are some of the most common reasons your workers’ comp claim can be rejected:

– The worker was intoxicated (Alcohol, cannabis, controlled substances, and intoxicating compounds)
– Fighting in the workplace when the claimant was an aggressor
– Engaging in so-called “horseplay” that caused an injury

If you have suffered an injury at work, we recommend the following steps:

1. Obtain first aid or any other necessary medical treatment as soon as possible.
2. Notify your employer about the injury and the way in which it occurred, as soon as possible.
3. Call Krol, Bongiorno & Given as soon as possible.

Once you have received necessary emergency medical treatment, your next step is to call an experienced workers’ compensation attorney. Finding an experienced work accident attorney is crucial when trying to seek compensation. Call (312) 726-5567 for a free consultation or contact us online. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.