The workers compensation in Illinois is a “no-fault” system, which means that any worker who is injured on the job – regardless of whether that injury has been caused by the injured worker himself, a co-worker, an employer or another party – is entitled to workers compensation benefits from the employer’s insurance company. The no-fault system also stipulates that the injured worker does not have to prove who caused the injury; he only needs to establish that the injury occurred while he was on the job.
While Illinois’ no-fault workers compensation laws benefit injured workers who may have been responsible for their own injuries, they can also prevent injured parties from suing employers in the event that an employer’s negligence or recklessness was responsible for the injury. The reason for this is that Illinois’ no-fault workers compensation system includes an exclusive remedy rule, which means that injured workers are only allowed to seek recourse for their workplace injuries via the workers compensation system, rather than by pursuing a civil lawsuit or some other course of action.
Other Facts about Illinois’ No-Fault Workers Compensation
Here are some additional important facts about Illinois’ no-fault workers compensation system:
- Workplace injuries that involve aggravating a pre-existing injury and/or that involve repetitive stress injuries (such as carpal tunnel syndrome) are covered by workers compensation.
- Employers are legally required to compensate injured workers for all medical bills they incurred as a result of their workplace injury.
- Should a workplace injury prevent an employee from working, employers are required to pay injured workers 66 percent (two-thirds) of their weekly wages for each week of work missed.
- It is illegal for an employer to fire an injured worker just because he has filed a workers compensation claim.
- If a workplace injury prevents the injured employee from returning to his previous occupation, your employer may be responsible for helping that worker secure a new job.
- If a third party (i.e., a party that is not the employer) caused the workplace injury, injured workers may be able to file a separate lawsuit against this party to collect additional damages for their injuries.
- Many workers compensation claims that are initially denied by insurance companies are ultimately approved with the help of a skilled workers compensation attorney.
At the law firm of Hassakis & Hassakis, P.C., our experienced Mount Vernon workers compensation lawyers have been providing client-centered representation to our Southern Illinois clients since 1950. Our trusted attorneys focus on our clients’ needs, and we do everything we can to help them get the maximum possible compensation for their workplace injuries so they can focus on recovery and moving on with their life. If you or a loved one has sustained any type of injury while working, contact us by calling (800)-553-3125 for a free, thorough assessment of your case, along with professional advice regarding the best manner in which to move forward.