Is Illinois a “No Fault” State?
The simple answer to the question of whether or not Illinois is a “no fault” state is yes, but the next question you will likely ask is: what exactly does “no fault” mean? In the case of workers’ compensation claims, it means that to be eligible for compensation for an injury, the injury must be shown to be “arising out of” the circumstances of the injured party’s employment, whether it was caused by the injured worker, a coworker, or an employer.
In most cases, the only thing that needs to be proven by the injured party is that the injury in question occurred while on the job. This is true even in the case of pre-existing injuries — such as carpel tunnel syndrome — where the worker’s employment can be proven to have exacerbated or contributed to the injury.
What is the Exclusive Remedy Rule?
One important thing to keep in mind about the Illinois workers’ compensation law is the exclusive remedy rule, which can prevent you from filing a personal injury lawsuit against your employer in the event that the employer’s negligence or recklessness led to your injury. The exclusive remedy rule means that you have to seek recourse through the workers’ compensation system rather than through a civil lawsuit. However, if you are injured at your workplace by a 3rd party not affiliated with your employer, you are able to pursue compensation through a personal injury claim.
This is just scratching the surface of what Illinois’ status as a “no fault” state means for you, and it is important that you have experts in your corner when it comes time to initiate a claim. The team at Rubens and Kress, a Chicago area law firm concentrating in workers’ compensation claims, is here to help, and since there is no fee unless you collect, you can be confident that we will work hard on your behalf. To get started, contact us online or call our office at (312) 201-9640. Rubens and Kress may also be reached toll-free at (866) 890-9640.