Is Illinois a No-Fault Workers’ Compensation State? What Happens If the Accident Was Your Fault
Illinois workers’ compensation is a no-fault system, which means you can still receive benefits even if the accident was your fault. The law focuses on where and how the injury occurred — not on blame. As long as you were hurt while performing job duties, you’re generally covered for medical care and lost wages. Only intentional self-harm, intoxication, or horseplay are excluded. If your employer or insurer denies your claim, a workers’ compensation attorney can help protect your rights.
What Does “No-Fault” Mean in Illinois Workers’ Comp?
Illinois law ensures that most employees are eligible for workers’ compensation benefits regardless of fault. That means even if you caused the accident — by slipping, making a mistake, or not following every safety rule — you may still be covered.
Workers’ compensation is meant to protect injured workers, not punish them. As long as your injury happened while performing your job duties, you can typically receive benefits for:
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Medical care and treatment
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Partial wage replacement
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Temporary or permanent disability
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Vocational rehabilitation if you can’t return to your prior job
This “no-fault” rule helps ensure that honest mistakes at work don’t lead to financial disaster.
When Self-Inflicted or Fault-Based Injuries Are Not Covered
While Illinois’ system is generous, there are specific exclusions under the law. Workers’ compensation will likely be denied if your injury results from:
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Intentional self-harm – Deliberately injuring yourself is not covered.
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Drug or alcohol use – If intoxication was the primary cause of the injury.
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Horseplay or fighting – Roughhousing or non-work activities that lead to harm.
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Off-duty incidents – Injuries that happen outside of work hours or away from job duties.
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Failure to report – Not notifying your employer within 45 days can forfeit your rights.
If you think your employer is trying to deny your claim using one of these reasons, contact a workers’ comp lawyer immediately. Employers sometimes stretch the truth to avoid paying legitimate claims.
Illinois Is a No-Fault State — But You Still Need Proof
“No fault” doesn’t mean “no questions asked.” You must still show that your injury occurred at work or while performing a task related to your job.
Helpful evidence includes:
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Supervisor and coworker statements
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Medical records showing a work-related injury
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Written notice to your employer within 45 days
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Photographs or video (if applicable)
If your employer refuses to cooperate or lies about what happened, an attorney can help you file an Application for Adjustment of Claim with the IWCC.
Talk with Our Chicago Workers’ Compensation Attorneys
At McHargue & Jones, LLC, we’ve helped hundreds of injured workers in Illinois recover benefits — even when their employers said they were “at fault.” The state’s no-fault law exists to protect employees like you.
Call (312) 739-0000 or contact us online to discuss your case for free. We’ll explain your rights and take action if your employer or insurer tries to deny your claim.
