I recently was contacted by an injured worker who was badly hurt when a machine he was using collapsed. It crushed his leg among other problems.
When I get this type of call, one of the first things I ask (and what any Illinois workers comp lawyer should do) is what was wrong with the machine? If some outside company was responsible for the accident happening, the worker might have not just a work comp claim, but also a personal injury lawsuit.
He told me that he did not think anyone else was at fault and then asked me the following:
Can someone still get work comp in Illinois if they were hurt due to user error?
That was not something I had been asked before in that way. Usually someone says something like, “Do I still have a case if I was at fault?”
The questions are the same as is the answer. Illinois is a no fault law when it comes to receiving workers’ compensation benefits. That means two things. First, you do not have to prove negligence in order to win a claim. The second thing it means is that if it was your own fault that you got hurt, you are still entitled to benefits. Think of someone tripping over a box because they were not paying attention or running a red light while driving for work. They get the same rights and benefits as anyone else.
The only exception to this is you do not get work comp benefits if one of two things happen:
- You were drunk, high, etc and that is why you got hurt. If you fail a drug test, they can deny your claim, but you can still get benefits by proving (usually through your own testimony) that you were not impaired at the time.
- If you get injured due to horseplay. The classic example is that of a security guard who patrolled a large factory on a golf cart. He and another security guard decided to race each other and he lost control of the vehicle, causing a crash. That injury was denied and he did not win his case.
Beyond that, your injuries should be covered as long as you are doing some activity for the benefit of your employer. This includes you doing something that is not a part of your job duties. For example, if you are a secretary at a construction company, but hurt your back moving equipment that you saw was in the way, that would be a case. This is true even if nobody told you to do it.
So while it is understandable that this issue would concern you, it is almost never something to actually worry about.
By the way, I have heard stories of many employers telling workers “You can not get work comp because you were the reason you got hurt.” That is complete BS and they are only doing this because they are looking out for themselves and not you. If you end up putting your medical care through your group insurance instead of work comp, that could create a whole bunch of problems for you.