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Can I File A Claim If I Was Partly At Fault For My Construction Work Injury?

On Behalf of | Construction Accidents

The concept of comparative negligence in the context of workers’ compensation claims in Illinois is a critical aspect that injured construction workers should understand, particularly those who believe their partial fault in an accident bars them from filing a claim.

Unlike in personal injury lawsuits, the principle of comparative negligence plays out differently in workers’ compensation cases, providing a framework for injured workers.

No-fault system and its implications

Workers’ compensation in Illinois operates under a no-fault system. This means that an injured worker can receive benefits regardless of who was at fault for the injury. This framework is particularly relevant for construction workers, who often work in hazardous environments with a high risk of injury.

Under the no-fault system in Illinois, workers’ compensation benefits are available to injured workers without the need to prove fault or negligence on the employer’s part. This approach contrasts with the concept of comparative negligence in personal injury law, where compensation can be reduced based on the injured party’s degree of fault. In workers’ compensation cases, even if the injured worker’s actions contributed to the accident, they are still typically eligible for benefits.

Types of benefits available

Workers’ compensation benefits in Illinois may include medical expenses, lost wages and disability payments. These benefits are designed to help injured workers recover and return to work.

Exceptions and considerations

Certain exceptions exist where workers’ conduct might impact their eligibility for workers’ compensation benefits. Instances of intoxication or drug use, intentional self-inflicted injuries or violations of company policy can potentially lead to a denial of benefits. Workers must know these exceptions and how their conduct could affect their claims.

Construction workers who suffer an injury while they’re working should ensure they get prompt medical care. Workers’ compensation benefits should cover those expenses, as well as others that stem from the injury. It’s sometimes necessary to fight for the benefits they’re due, so working with someone familiar with these matters is beneficial.