Can I Claim Workers’ Compensation in IL if I’m At-Fault?

It’s a fact of life that accidents happen, and everyone will make a mistake at some point. However, when your mistake happens at work and leaves you with serious injuries, you may wonder how this will impact your ability to file a workers’ compensation claim in Illinois. If this reflects your circumstances, you’ll want to keep reading, as the following blog explores your rights if you are at-fault for the accident and subsequent injuries you’ve endured, as well as the importance of discussing your circumstances with an Illinois workers’ compensation attorney to help you recover the compensation you deserve.

If I’m At-Fault, Can I Still Recover Compensation?

One of the most common fears that those injured at their place of work have is whether or not they can receive compensation for the injuries they’ve sustained if they are the liable party. However, it’s important to understand that workers’ compensation is a no-fault system. As such, if you are entirely to blame for the injuries you’ve endured, you can still recover funds to help cover the cost of your medical bills and a portion of your lost wages.

This differs greatly from Illinois’ typical statute regarding negligence. In personal injury cases within the state, like car accidents or slips and falls, a 50% comparative negligence statute is in place. This essentially means that if someone is found partially responsible for the injuries they’ve endured, they will be barred from collecting compensation for the injuries they’ve endured if their percentage of fault exceeds 50%. However, if they are less than 50% liable, their compensation will be reduced by their percentage of fault in the accident. This differs greatly from workers’ compensation, which awards funds regardless of who is liable.

Are There Circumstances in Which I Can’t File a Claim?

However, you should note that there are certain circumstances in which you’ll find that you are ineligible to recover compensation when you are at fault for a workplace accident. Generally, if you show up to your shift intoxicated or under the influence of drugs and you are injured, you will be unable to recover compensation for the injuries you’ve sustained. Additionally, if you are engaged in horseplay or have sustained the injury off the clock, your claim will be denied by your employer and the insurance carrier, as this violates the rules surrounding a workers’ compensation claim.

If you have sustained an injury at work but you are unsure whether or not you can seek compensation for the damages you’ve sustained, it’s in your best interest to connect with an experienced attorney. A the Law Firm of Kevin A. Moore, not only can our team help you determine if you are able to file a claim, but we can also assist you through this process to improve your chances of a favorable outcome. Contact our team today to learn how we can fight for you.