My Boss Said My Work Injury Was My Fault. What Now?

When Dexter returned home after suffering a serious on-the-job injury, he expected his boss to step up. He thought his employer would pay his medical bills, and he might even get money to replace his earnings while he recovered. However, things did not go as expected. Dexter told his family that his boss said the work injury was his fault. Dexter doesn’t know what to do now, but he does have options. He probably qualifies for workers’ comp.

Basics of Workers’ Compensation Benefits

Almost every employee in Illinois is eligible to receive workers’ comp benefits for work-related injuries and occupational diseases. After a worker is injured, the employer’s insurance should cover medical bills and other losses.

Sometimes, however, the employer and worker disagree about compensation. As in this case, an employer may also claim the worker was at fault and refuse to pay. At that point, the worker may file a claim with the Illinois Workers’ Compensation Commission (the “Commission”).

The Commission may hear evidence from the worker and employer. The injured party may also have to undergo some medical testing. The workers’ comp claim may be approved or rejected for several reasons. “Fault” is usually not a reason for denial.

No-Fault Workers’ Comp

Under Illinois law, workers’ compensation benefits are paid to the employee “regardless of fault.” This system means that Illinois is a no-fault workers’ compensation state.

A worker’s claim may be denied because of the worker’s actions, though. For example, a worker injured during horseplay may not receive workers’ comp. Also, benefits may be denied to employees who were intoxicated or impaired at the time of the accident as long as the intoxication or impairment contributed to the injury.

Workers’ comp law is complicated, and benefits are too important to make this a do-it-yourself project.

You Do Have Options

Talk to an Illinois workers’ compensation attorney immediately.

Osvaldo Rodriguez has more than 20 years’ experience helping people like you. Schedule a free initial consultation or ask a question by calling us at 708-716-3441 or by completing the Contact form on our website.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, and Northlake.

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