Does Fault Matter in a Workers’ Compensation Claim?

 Posted on November 14, 2025 in Workers' Compensation

If you are injured at work, you may be shocked and dismayed to find that your employer is trying to avoid responsibility for the accident by claiming it was your fault. Although Illinois is known for its no-fault workers’ compensation system, certain types of employee misconduct can bar recovery. But if you slipped while rushing or made a simple mistake, this cannot be held against you under Illinois workers’ compensation laws.

In most cases, even if your own error led to your accident, you will still be entitled to medical and wage benefits under workers’ compensation. However, there are some exceptions, and you must understand when "fault" may actually matter for a work-related accident. If you are facing pushback for a work-related accident, consulting with a knowledgeable Will County, IL workers’ compensation lawyer can help ensure that your rights are protected and that you receive the benefits you are entitled to receive.

The "No-Fault" Framework of the Illinois Workers’ Compensation System

Illinois workers’ compensation is designed to protect employees without requiring proof of employer negligence. "No-fault," under the Illinois Workers’ Compensation Act (820 ILCS 305/1 et seq.), means the worker is entitled to compensation based on the facts of the injury, not who is to blame.

In exchange, employers receive immunity from civil lawsuits. This is in contrast to a personal injury claim, where fault is a central factor in determining recovery. However, certain statutory and case-law exceptions allow employers to legally deny claims based on employee fault or misconduct. Fault does not matter in these workplace scenarios:

• Slips and falls caused by momentary carelessness or a workplace hazard
• Lifting injuries
• Mistakes made during a routine work task
• An accident caused by another employee’s negligence

Common misconceptions regarding workers’ compensation benefits include the belief that employees who are even partially responsible for the accident cannot access benefits. Some employees also wrongly believe that an employer can fire them for reporting a workplace injury. Retaliation for reporting a workplace injury is strictly prohibited. When there is no fault, access to benefits is accelerated. The employer has an obligation to file and respond to a workplace injury, regardless of who is at fault.

Workplace Scenarios Where Fault Does Matter in a Workplace Accident

Exceptions to the no-fault aspect of Illinois workers’ compensation include:

An Employee was Intoxicated or Drug-Impaired at Work

Workers’ compensation benefits may be denied if intoxication or drug impairment was the proximate cause of the accident. The employer must present credible evidence to back up such a claim, such as video surveillance, witness statements, or drug/alcohol tests. If impairment is clear, the burden for proving that impairment did not cause the accident falls on the employee.

An Employee was Engaging in "Horseplay" at Work

If the employee claiming a workplace injury was injured during a fight at work or "horseplay" that was not related to his or her job duties, workers’ compensation benefits may be denied. Employers must document the fight or horseplay immediately to deny benefits. There is an "innocent victim" exception that applies when the employee did not participate in the horseplay or fight but was caught up in it.

The Employee Engaged in Intentional Misconduct or Deliberately Violated Safety Rules

Willful disregard of known safety rules, criminal activity, or intentional self-harm can result in the denial of workers’ compensation benefits. For example, if a worker removed a safety guard from machinery despite clear warnings and was subsequently injured, then workers’ compensation benefits could be denied. The employee must have been aware of the rules as a result of training records or signed safety manuals.

The Injury Occurred Outside the Course of the Worker’s Employment

Suppose the injury occurred while the worker was performing personal errands or unauthorized activities. In that case, the employer may be able to show that the injuries did not arise out of employment. Timecards and witness statements can help prove the employee’s claim that he or she was injured at work.

Is There a Legal Gray Area Between Employer Policies and Comparative Conduct?

In some cases, safety rules may have been violated, but the violation was minor or unclear. There could be differing interpretations of "willful violations" vs. "ordinary negligence," which can also influence whether the accident is covered under Illinois workers’ compensation. The role of witness statements and medical reports is significant when proving a claim’s legitimacy.

The Illinois Workers’ Compensation Commission (IWCC) will evaluate whether the conduct of the employee was considered reasonable and foreseeable on a case-by-case basis. The Commission will look at the specific facts surrounding the injury to determine whether the employee’s conduct was a minor, negligent act within the scope of employment or a significant, unreasonable departure from it.

How Can Employees Protect Their Rights Regarding an Illinois Workers’ Compensation Claim?

Employees injured while at work should always report the injuries immediately, even if they think the accident might have been their fault. Medical treatment should always be sought immediately following a workplace injury from an approved provider. The employee should never make a statement on a report or to an insurer that could be misconstrued as responsibility for the accident.

If the workers’ compensation claim is denied, the employee should seek assistance from a skilled Illinois workers’ compensation lawyer to appeal the denial. Documentation of the accident, including timelines, photos, videos, and witness statements, can all be helpful in building a workers’ compensation case.

Illinois employers can’t control every accident, but they can control how they respond. If your company faces a questionable or high-exposure workers’ compensation claim, consult an experienced Illinois workers’ compensation defense attorney. A knowledgeable lawyer can evaluate whether "fault" plays a role, gather the right evidence, and ensure your business is fully protected under the Illinois Workers’ Compensation Act.

Contact a Joliet, IL Workers’ Compensation Attorney

If you are injured while at work, there are very few exceptions to the no-fault Illinois workers’ compensation system. Speaking to an experienced Will County, IL workers’ compensation defense lawyer from McNamara Phelan McSteen, LLC can help you evaluate "fault," gather the proper evidence, and ensure you are fully protected under the Illinois Workers’ Compensation Act. We are a mid-sized law firm: small enough to offer exemplary customer service, and large enough to provide necessary resources. Call 815-727-0100 to schedule your free consultation.