As attorneys representing injured workers throughout Antioch and the state of Illinois, we often hear the same concern: “Do I still qualify for workers’ compensation if the accident was partially my fault?” It’s an important question—and the answer may surprise you. Illinois workers’ compensation laws are designed to protect injured employees, regardless of who caused the accident. Even if your own actions contributed to the injury, you are likely still eligible for benefits under the Illinois Workers’ Compensation Act.
Workplace accidents are rarely black and white. In many cases, multiple factors lead to an injury—sometimes involving equipment issues, co-worker errors, or even split-second decisions made by the injured worker. Fortunately, Illinois law focuses more on whether the injury occurred during the course of employment, not who was to blame. Understanding your rights can make the difference between recovering fully or being left to manage medical bills and lost wages on your own.
Under Illinois law, workers’ compensation is a no-fault system. This means that employees do not need to prove that their employer—or anyone else—was negligent in order to receive benefits. In fact, even if your own carelessness contributed to your injury, that does not automatically disqualify you from receiving compensation.
According to 820 ILCS 305/1 et seq., the Illinois Workers’ Compensation Act requires most employers to provide workers’ compensation benefits to their employees for injuries “arising out of and in the course of the employment.” The law does not require that someone else caused the injury. It only requires that the injury occurred while you were performing your job duties or during work-related activities.
Let’s say you slip and fall at work while carrying a heavy load because you didn’t wear the proper footwear. Or maybe you were operating machinery and failed to follow every safety protocol but still sustained an injury. In these situations, workers’ compensation will generally still apply.
Some common examples we’ve seen where injured workers were still eligible for benefits despite partial fault include:
In each of these examples, the key factor is that the injury happened in the course of employment. Under Illinois law, that’s enough to trigger coverage in most cases.
While the no-fault rule is broad, there are limits. Workers’ compensation benefits may be denied if your injury was caused by:
These are exceptions, not the rule. Most work-related injuries are still compensable, even when your own conduct played a part.
If your injury qualifies under the Illinois Workers’ Compensation Act, you may be eligible for:
These benefits can make a critical difference in your recovery and your financial future.
When fault is uncertain—or when your employer tries to deny your claim based on your actions—it’s essential to have legal support. We’ve represented many clients whose claims were denied or undervalued because the insurance company claimed they were to blame. The truth is, Illinois law is on your side in most cases.
We build your case using medical records, witness statements, workplace safety protocols, and expert opinions to demonstrate that your injury is work-related and compensable under Illinois law.
Not usually. Illinois workers’ compensation is a no-fault system, which means benefits are available regardless of who caused the accident. If your actions were unintentional and the injury occurred while you were working, you are still likely eligible for compensation. Only in cases of gross misconduct, intoxication, or intentional harm would benefits be denied.
They can try, but that doesn’t mean they will succeed. The law favors workers injured in the course of employment. Even if your mistake contributed to the accident, you may still qualify. We frequently help clients challenge unfair denials based on blame or minor rule violations.
You may still be eligible. Illinois courts have held that failure to follow all safety protocols does not automatically bar a workers’ compensation claim. As long as you were performing your job duties and were not engaging in misconduct or illegal activity, you still have rights under the Illinois Workers’ Compensation Act.
Yes, especially if your employer or their insurance carrier is trying to deny or reduce your claim. When fault is disputed, insurance companies often push back harder. We ensure your rights are protected and that the facts of your case are clearly presented.
It is illegal for an employer to retaliate against you for filing a valid workers’ compensation claim in Illinois. If you are fired or mistreated for asserting your rights, we can help you pursue additional legal remedies under Illinois law.
If the injury occurred while you were performing duties related to your job, it likely qualifies. This includes injuries on job sites, during company travel, or even while taking work-related breaks. Each case is unique, so we review all the facts to determine your eligibility.
If you’ve been hurt on the job—even if you think it was partly your fault—you may still be entitled to benefits under Illinois law. At The Law Offices of Robert T. Edens, P.C., we fight for injured workers who need support and protection during difficult times.
Contact our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We represent clients from our offices in Antioch (392 Lake St., Antioch, IL 60002), Waukegan (325 Washington St., Waukegan, IL 60085), and Woodstock (1212 North Seminary Unit 1, Woodstock, IL 60098), serving clients throughout the entire state of Illinois.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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