Understanding Illinois No-Fault Statute
Illinois maintains a no-fault statute in workers’ compensation claims. If you have been hurt on the job, no matter whose fault it was, you are entitled to workers’ compensation benefits.
After the Industrial Revolution, the new processes of work were causing more people to be injured on the job, and the courts were clogged with lawsuits. The workers’ compensation act was set up with statutory rights to protect the workers and employers from big damages. You no longer need to prove who was at fault for the injury. Whether the fault was your employer’s or your own, you are still entitled to certain rights and workers’ comp benefits under the workers’ comp act.
Many workers don’t know the details of the act and are not aware of what they are entitled to following an injury. At Hannigan & Botha, Ltd., we make sure that each client is informed of the full extent of his or her rights.
Proving That Your Injury Is Work-Related
While you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work. You must report your injury within 45 days. Many workers are not informed of the time frame at play. Also, the longer you wait to report the injury, the less likely your employer is to believe you and to cooperate.
One of the major hurdles in the process comes when the insurance company claims that you did not report your injury to your employer in time. This is another loophole the insurance companies use to justify denying your claim.
To learn more about Illinois no-fault workers’ compensation statutes and how they might have an impact on your situation, please call our lawyers at 847-388-0874 or use our online contact form to schedule a free consultation.