What Happens to My Workers’ Comp Claim if My Employer Blames Me for My Injury?

In addition to your work-related injury itself, the phrase ‘workers’ compensation’ can stir feelings of anxiety, especially if you are unfamiliar or have heard unfortunate tales from friends and co-workers. Your employer may even have a reputation for blaming workers for injuries or accidents.

Remember: Workers’ Compensation Is a No-Fault System

It’s important to note that in the state of Illinois: “Workers' compensation is a no-fault system of benefits paid by employers to workers who experience work-related injuries or diseases.” The Illinois Workers’ Compensation Act states that any injury that arises out of and in the course of employment is considered a work-related injury. With very few exceptions, even where an injury is caused by the negligence of the employee, the injured worker is still entitled to recovery.

Additionally, there are guardrails in place to ensure that an injured employee receives compensation despite barriers the employer tries to place in their way. The Illinois Workers’ Compensation Act specifically prohibits employers from terminating employees in retaliation for exercising their rights under the Act when injured at work. The law provides a cause of action which allows injured workers to pursue a retaliatory discharge case against employers who terminate them as punishment. In short, there are many layers of protection for workers who are injured on the jobsite or traveling for work.

With the help of an experienced attorney, you can rest assured that your work-related injury is dealt with in the proper manner and without repercussions. A work-related injury is an injury, no matter what. We understand that a hard-working tradesperson would never intentionally put themself or others at risk.

Does the Issue of ‘Fault’ Affect My Workers’ Comp Claim?

When an accident occurs while working, the situation can feel fraught with pitfalls. Because there feels like so much is at stake, including your livelihood, it’s easy to question yourself. In addition to the injury itself, you may be navigating:

Traumatic or chronic pain
Loss of work time
Loss of wages

All these concerns can add to your uncomfortable predicament.

Being injured at, on location or driving for work is just that: an injury sustained while working. When an employer tries to fight liability, an injured worker has options to fight back. The Illinois Workers' Compensation Commission “...resolves disputes between employees and employers regarding work-related injuries and illnesses.” The reality is that the vast majority of disputes are resolved by settlement.

Having the proper representation and team in your corner and working for your benefit can be a great comfort and give you an advantage in a scenario you have not dealt with before. You are a hard-working employee who was injured on the job. You are not required to be a legal expert as well.

My Work Injury Happened Outside of Illinois. Now What?

You are surely wondering what’s covered—and what’s not—if you are injured while traveling for work. There are guardrails in place for this situation as well.

The Illinois Workers’ Compensation Commission clearly states:

If an out-of-state company conducts business with its employees in Illinois, i.e., does any work at all in Illinois, even if all the workers reside in the same state as the company, that company must provide a workers' compensation insurance policy that includes Illinois coverage for those workers.
If an employee from an out-of-state company is injured doing work in Illinois, he or she has the right to file a claim in Illinois.
If an Illinois employer sends an Illinois employee out of the state to conduct work, that worker is protected by the laws of Illinois and may also be protected by laws in the state where they were injured.

Looking for Support Because You Were Injured at Work?

At Black & Jones, we’ve spent decades seeking justice on behalf of injured workers. We listen to you and help you translate the legal and medical jargon to help you get the compensation you deserve. We’re your local Rockford area workers’ compensation lawyers who make sure the system works for you, so you don’t need to be an expert. Contact the team at Black & Jones today at (815) 967-9000 or fill out our online form to schedule a free consultation.