“I was injured at work but the accident was my fault. Do I have a work comp case in Illinois?”
“I was injured at work but the accident was my fault. Do I have a work comp case in Illinois?”
Short answer: Most likely yes – with it not mattering that the accident was “your fault” – but sometimes you may not. But even if you find out the work comp insurance company accepts your claim, you should still call a work comp lawyer to learn about things to watch out for and consider, even if you do not choose to hire him or her at this stage.
Full answer: Workers’ compensation in Illinois is a no-fault system. Your injury must be proven to “arise out of” your employment, which means in general, that it was caused on the job, whether it was by you, a co-worker, or your employer. Of course there are exceptions to that, which is why Illinois work comp injury attorneys are so busy. Some examples of likely denied work comp claims:
1.) If you were engaged in “horseplay” as a willing participant, such as a co-worker challenging you to an arm wrestling match in which he injures your arm.
2.) If you were “at no greater risk than the general public,” such as if you work at a museum and you slip and fall at the entrance area, with there being no clear cause of your fall other than you tripping on your feet or not paying attention, in the same area where the general public safely walk the entire day.
3.) If you engaged in a violent fight with a co-worker, unless for example, it could be proven that the other guy started the fight and then you just tried to defend yourself.
I cannot stress this enough: EVEN IF WORK COMP ACCEPTS YOUR CLAIM, you should still call a workers’ comp attorney for at least some FREE ADVICE AND WARNINGS to help you. You don’t have to hire anyone in a free consultation, and you can pick the brain of someone who constantly sees work comp insurance companies screw people over in more ways than you could count.
Whatever your situation may be, it is in your best interest to contact an experienced, honest and direct Illinois workers’ compensation attorney. One option for you for a free private talk is workers’ comp and personal injury attorney Peter D. Corti at phone # (312)-782-8372, or contact me using our contact form (click here to contact.) I will provide direct and honest advice, and it’s free, it’s private, and it costs you nothing.
