Must I Prove Negligence in a Workers’ Compensation Claim?

When you sustain an injury while on the job, it can put you in a precarious position, as you may be unable to work. Unfortunately, this can negatively impact your finances, leaving you struggling to make ends meet. As such, you may want to file a workers’ compensation claim. However, there is a common misconception that you need to prove that your employer was negligent to receive the funds you deserve. If this reflects your understanding of this matter, you’ll want to keep reading to learn more about your rights and the importance of working with an Illinois workers’ compensation attorney to help you fight for the justice you deserve.

Do I Need to Prove Negligence from My Employer?

Many workers assume that, in order to pursue a claim for compensation following an injury on the job, they must prove that their employer was negligent. This is because this is the standard for traditional personal injury claims. However, workers’ compensation is a no-fault system, meaning you do not need to prove that your employer was negligent in the action that led to your injuries and subsequent damages.

In fact, under workers’ comp, you can recover compensation for an injury for which you are entirely at fault. So long as the injury happened on the job and does constitute an exception, you can seek funds for your medical bills and a portion of your lost wages.

Typically, instances in which you are barred from collecting workers’ compensation include being responsible for the injury due to horseplay or roughhousing with another employee, intoxication, or violating the law at the time, like attempting to steal or physically assaulting another employee. Additionally, if the injury occurs while you are off the clock and not engaged in work-related activities, you will be unable to file a claim.

How Do I File a Claim in Illinois?

If you are injured while on the job, understanding how to file a claim for compensation is critical. In general, you should immediately report the injury to your supervisor. Illinois workers’ comp law states that you have 45 days to report an injury to your employer, though the sooner you report it, the better. Once the injury has been reported, you should seek medical care as soon as possible. Unlike other states, you are not required to see a provider approved by your employer and their insurer, so you can see any doctor of your choosing.

Your employer is responsible for filing a claim on your behalf. They are required to file the claim with the Illinois Workers’ Compensation Commission within 30 days of learning about your injury. You are also required to file an Application for Adjustment of Claim with the board to formally initiate the process.

Unfortunately, your employer or their insurer may dispute or deny your claim, regardless of the circumstances in which it happened. As such, it is in your best interest to connect with an experienced attorney with the Law Firm of Kevin A. Moore to assist you during these difficult times. Our team understands that navigating workers’ comp can be a confusing process, especially while healing from an injury, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.