When is an Illinois Worker NOT Entitled to Reimbursement Through Workers’ Compensation?

 Posted on April 14, 2022 in Workers' Compensation

Regardless of the industry or profession, there is always a chance of getting hurt at work. Construction workers may fall from scaffolding and suffer a back injury. An office worker may develop carpal tunnel from typing all day. A server at a restaurant may slip and fall on spilled oil and suffer a head injury.

Workers who are injured during the course of employment are usually entitled to compensation through their employer’s workers’ compensation insurance. However, there are some instances in which a worker is not entitled to workers’ comp.

Reasons Someone May Not Be Able to Get Workers’ Comp

If you or a loved one were injured at work, you may have questions and concerns about workers’ compensation. You may wonder if workers are always entitled to financial compensation or if there are circumstances in which a worker cannot recover reimbursement through workers’ comp.

Per Illinois law, the following individuals may not be entitled to compensation through workers’ comp after a work injury:

• The injury did not occur at work or during work hours and was unrelated to job duties. In order to get workers’ compensation benefits, the injury must be sufficiently related to work duties. For example, if the worker falls and gets hurt on his or her day off, he or she may be ineligible for workers’ compensation coverage.
• The worker was an independent contractor, not an employee. Independent contractors are not entitled to the same benefits as employees. However, some people are incorrectly classified as contractors when they actually fit into the “employee” category. If someone is misclassified as a contractor when they are really an employee, they may be entitled to workers’ compensation.
• The worker suffered the injury while committing a crime. A worker is barred from recovery through workers’ compensation if the injury was obtained during the commission of a crime.
• The injury was sustained during a fight or physical altercation. If a worker starts a fight with another person and is injured, he or she may not be entitled to workers’ compensation coverage.
• The injury was self-inflicted. Injured people are not usually entitled to workers’ compensation for injuries they intentionally inflict on themselves.

Additional Options for Injured Workers

Even if your injury does not qualify for workers’ compensation, you may still be able to get financial reimbursement for your damages through a personal injury claim. For example, if you are an independent contractor who was injured by an equipment malfunction, you may be able to sue to designer or manufacturer of the faulty equipment.

Contact a Springfield Workers’ Compensation Lawyer

If you or a loved one were hurt on the job, contact Kanoski Bresney to discuss your options. You may be able to get compensation through workers’ comp or a third-party injury claim. Call our skilled Champaign injury attorneys at 888-826-8682 for a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx