No-Fault System and Workers’ Compensation

Attorney Blog

undefinedThe No-Fault System Means No Fault

I went shopping Saturday. While standing in line at the deli counter of my local grocery store, I observed an employee who appeared to be in training. She was being watched carefully and instructed on the “Do’s and Don’ts” of the job by a supervisor. At one point, the new employee put her hand too close to the deli slicer. Her supervisor told her that if she cuts off her finger that she wouldn’t be entitled to “work comp” since the injury would have been her fault. I was surprised that he was talking loud enough for the customers to hear about severed fingers while their deli meat was being prepared. More importantly, the content of his message about workers’ compensation was completely false and misleading.

The Illinois Workers’ Compensation Act is a NO-FAULT system. If you sustain a work-related injury, you are entitled to benefits under the Act regardless of fault.  When this system was put in place over a hundred years ago, injured workers had to give up some rights (i.e. they could no longer sue their employers for damages in civil court); however, injured workers no longer had to prove their employer was at fault for their injuries. That was the trade-off. Therefore, it does not matter if the injury was the injured worker’s fault, or a supervisor’s fault, or no one’s fault.

Now, an injured worker still has to prove that the work injury “arose out of” and “in the course” of the employment. The fact that they sustained an injury while at work alone is not enough to prove a compensable claim. In short, you must show that there is a connection between the injury and the employment. There are a lot of factors that are used to determine this connection. However, fault is not one of those factors.

For the new deli worker, be careful. However, if the injury was because you were either trained improperly or you just made a costly mistake, your injury will be covered. For all of the injured workers whose supervisors are telling them that their injuries won’t be covered under work comp if the injury is their fault, do not worry. Mistakes happen. This NO-FAULT system was designed to protect Illinois workers and to give them an opportunity to recover lost wages and medical expenses without having to prove fault.

Russ Haugen

Categories:

Mr. Russell Haugen is the best injury attorney in the Chicago area!

In my opinion, Mr. Russell Haugen is the best personal injury attorney in the Chicago area. He is very professional and very hard working person for his clients. His knowledge allowed me to have a good ending for my case. He was awesome to work with. The process took several months but the settled was […]

Barbara I.

Great People to Work With!

They are on top of everything. Great people to work with! Thank you so much for everything you done for me.

Deanna S.

Lee got my Work Compensation checks coming in!

I hired this firm when I got hurt at work. I’m glad I did because my company wasn’t sending any checks. Leandro got my checks coming after talking to workers compensation. The work comp company wasn’t easy to deal with. I’m glad I could relax and let Leandro and Kristal go after them. It took […]

Brian M

Excellent Service.

Very good and professional service I received from Dexter.

Jaime G.

Thanks Jay Johnson!

Very responsive. Always called back and always had an answer to my questions and concerns. Jay handled everything and I just sat back and waited for results. I’ve seen him fight for friends who went through the same situation I did and they all have nothing but good things to say about him. Hopefully I […]

Elizabeth V

Best in town.

They will handle your case. Best in town. They beat everyone.

Striker M

Very Persistent and Very Honest!

After Mr. Evans took over my case, it didn’t take long to get results. I recommend Mr. Evans if you want to get results quick he very persistent and very honest with his clients.

Timothy A

He settled my case for more than I had expected.

Mr. Haugen is always so very kind and very involved with his client. He’s very attentive when it comes to his client relationship. Any questions I had for him were always answered in a very timely fashion, and explained very well. He settled my case for more than I had expected. Great Attorney! Highly Recommended!

Molly P

Thank you so much for great service and representation!

Attorney Russ Haugen was truly amazing. He kept in touch with me every time there was new information or changes with my case. The company he represents were very professional every time I called and responded back within a reasonable amount of time. I would recommend not only Russ Haugen to represent you, but the […]

Alexis W

Russ fought for me and I received more than double from the 1st settlement offer.

In July of 2018 I injured my back on the job. I was advised by someone to find a lawyer. I was given Woodruff Johnson & Evans Law Offices telephone number. I called and had a consultation with Russell Haugen. I knew nothing as far as what to do or expect. He was very informative […]

Sheryl D
View All Testimonials

Get Your Free Consultation