Can I Still Get Workers Comp If Accident Was My Fault?

Can I Still Get Workers Comp If Accident Was My Fault?

Imagine being hurt on the job, such as falling from a ladder and breaking your hip. Suddenly, you are in pain, injured, and unable to work and pay your bills. Fortunately, Illinois has strong workers’ compensation laws, and your employer is probably required to cover your injuries, even if the accident was your fault.

Learn more about the law in this article, and contact our Illinois workers’ comp attorneys for additional legal information. Attorney Robert Edens has been recognized as a top-rated workers’ comp lawyer and is an active member of the Illinois Trial Lawyers Association and the American Trial Lawyers Association.

Illinois Workers’ Compensation Overview

Illinois workers’ comp is a system of benefits prescribed by the law to most employees with a job-related illness or injury. Workers’ comp benefits are paid for any injuries entirely or partially caused by a worker’s work. This can include the aggravation of a pre-existing injury, injuries because of repetitive use, cardiac events, or other physical issues caused by work.

Importantly, workers’ comp benefits are paid regardless of fault. You are not required to prove how or why the accident happened, only that it occurred at work.

What Should You Do If You Are Hurt At Work?

The Illinois Workers’ Compensation Act states several obligations the employee and employer have after a job-related accident. They include:

Seek Immediate Treatment

You must get immediate medical treatment for your job-related injuries. How quickly you receive treatment can significantly impact how your workers’ compensation case is resolved.

Report The Injury

The law requires that you report your injury to your employer within 45 days. The report must be submitted on a Form 45. You have up to 45 days to report the injury because you might not realize you are injured for days or weeks. That said, you should report the injury as soon as you become aware of it.

Keep Your Employer Informed

You need to keep your company updated on how you recover and when you will return to work. Your employer will usually not let you return to your job without a statement from your doctor that you can and what work you can do. If the insurance adjuster wants you to have an independent medical review, you must comply.

Can You Be Denied Illinois Workers’ Compensation Legally?

Yes. There are cases in which you could be disqualified from receiving benefits. For example, you could be disqualified from receiving benefits if you do not notify your employer within 45 days.

Also, while you can receive benefits even when causing your injury, there are exceptions. Your claim could be denied if you were engaging in horseplay at work, fell, and broke your ankle. Direct any questions about the injury circumstances to our Illinois workers’ compensation attorneys.

Our Illinois Workers’ Comp Attorneys Will Fight For Your Rights

If you were injured at work in Illinois, you might not be fully aware of your right to compensation for being out of work. Most employers in Illinois must carry workers’ compensation insurance; yes, you can usually get coverage if the accident was your fault. For more information and a consultation, speak to our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens at (847) 395-2200. Mr. Edens has fought for the rights of injured workers like you for over 20 years.

Call today for a free consultation

(847) 395-2200