Can You Get Workers’ Comp if Partially at Fault for an Accident?

 Posted on October 03, 2023 in Workers' Compensation

In Illinois, an injured employee can receive workers’ compensation benefits even if they were partially at fault for the workplace accident. Contributory negligence laws protect workers in many cases. However, benefits may be reduced based on an employee’s percentage of fault. Understanding these rules and how an Illinois lawyer can help is critical after an on-the-job injury.

What is Contributory Negligence?

Contributory negligence refers to when an injured employee fails to use reasonable care while performing job duties leading up to an accident. For example, they may violate a known safety policy or misuse equipment.

This contributes to the accident, but the employer also fails to maintain a safe working environment. So, both parties share some fault.

Illinois Workers’ Comp Laws

Illinois operates under comparative fault rules for workplace injuries. This means a worker’s compensation claim cannot be entirely barred because the employee was partially negligent. The reduction of benefits is possible based on the percentage of fault.

Proving Partial Fault

The burden of proving an employee’s contributory negligence falls on the employer. So, the business must provide evidence showing the following:

• The worker knew about the unsafe conduct or policy violation
• The conduct was within their control
• This behavior contributed to the accident and injuries

This can be difficult to prove conclusively. Employers often claim fault to lower payouts. In borderline cases, experienced attorneys can argue against negligence determinations to recover full workers’ compensation benefits. Even with some fault, injured workers have rights.

When Benefits Can Be Denied

There are exceptions where a claim can be denied due to willful negligence, such as:

• Ignoring safety protocols
• Under the influence of drugs/alcohol
• Using equipment recklessly despite training
• Removing safety guards or devices

The employer must provide evidence. No benefits are paid if an injury was purposefully self-inflicted.

Minor negligence does not bar recovery. Benefits are reduced only by the employee’s approximate percentage of fault. Injured workers should not hesitate to file claims.

Contact a Bloomington, IL Workers’ Compensation Lawyer

If you were injured in a workplace accident in Illinois, reach out to an experienced Springfield, IL workers’ compensation attorney to discuss your options. Even if you may have been partially at fault, you likely still have rights to workers’ compensation benefits. An attorney can help you make sure you are taking the proper steps through the process. Call Kanoski Bresney at 888-826-8682 to schedule a free consultation.