Does Fault Matter When Filing A Workers’ Compensation Claim?

Illinois’ workers’ compensation law is based on a no-fault system, which means that even if you are at fault for your workplace injury, you are still entitled to full worker’s compensation benefits. If you are being denied, you have every right to hire a Cook County workers’ compensation attorney. However, there are some rare cases where the fault is irrevocably yours.

When Fault Doesn’t Matter

Here are some common examples of when a workplace injury is not your fault, even though it seems like it:

• You hurt yourself running down a flight of stairs at top speed for a meeting you are late for.
• You drop a heavy box on your foot breaking it even if you were careless while handling it.
• You throw your back lifting a heavy object because your form was incorrect.

You can still get your medical bills taken care of and get time off work for these types of workplace injuries.

When Fault Matters

This doesn’t mean that fault never matters when it comes to a worker’s compensation claim. Here are some rare instances in which it can matter:

• If you hurt yourself at work because you were inebriated or high. That can be considered a violation of workplace duties and may prevent you from getting full compensation. However if your Cook County workers’ compensation attorney can prove that your condition did not contribute to your accident, you can maximize the amount you receive.
• If you were fooling around at work and got injured as a result. For example, you work as a security guard at a golf course and take a golf cart for a joy ride. If you get into an accident while driving and hurt yourself, your injuries may not be covered. That’s because the incident was not a part of your job duties.
• You get into a fight with a colleague and you are the aggressor. You may not get compensation because you instigated the fight.

Proving An Injury Is Work-Related

While you don’t have to prove that a workplace injury was your boss’s fault, you do have to prove that it occurred at work. Workers’ comp fraud can carry serious consequences so pretending a home-based injury happened at work can land you in hot water.

The workplace injury has to be reported within 45 days. The longer you wait, the less likely your boss may believe your claim and may refuse to cooperate. The insurance company may latch onto this and say you don’t have grounds for a claim.

Whether you were at fault for your workplace injury or not, you deserve compensation. If your boss or the insurance company is denying your claim, get in touch with our Cook County workers’ compensation attorney at the Law Offices of Robert T. Edens today. We have over two decades of experience helping workers get the compensations they deserve and can help you too. We will take a detailed look at your case before formulating a strategy.