Liability Tag

Ill-Workers-Comp

18 May Illinois Workers’ Compensation – Liability and the “No Fault” System

In Illinois, workers are injured every day while on the job.  Whether it’s a back injury while lifting a heavy object or a slip-and-fall during a break while the worker is on the employer’s premises, an injured worker may be able to claim employer liability for the sustained injury.  When determining whether a worker can file a claim against the employer, the first issues is whether the employer is liable for the injury. Work Place Liability and Fault Often, workers and employers alike will assume that an employer is not liable for a workplace injury if the worker is at fault for their own injury.  However, Illinois has what is called a “no fault” system for workers’ compensation.  This means that regardless of who is at fault for the injury, a worker may be able to file a legitimate workers’ compensation claim for an injury.   As long as the worker’s sustained injury arose “out of and occurred in the course of the employment” of the worker, then the worker may file a claim for workers’ compensation.  If the worker is able to show that the injury was sustained in accordance to this legal standard, then the worker will be able to file...

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