Can I Get Workers’ Comp if My Employer Says the Injury Was My Fault?

 Posted on February 19, 2026 in Workers' Compensation

You can still get workers’ compensation in Illinois even if your employer blames you for your injury. Illinois uses a no-fault system, which means workers can receive benefits for job-related injuries without proving the employer caused the accident.

The U.S. Bureau of Labor Statistics reports millions of workplace injuries annually. The most recent data showed nearly 2.5 million in a single year. Some are so severe that they result in fatalities. Many employees and their families deal with serious financial difficulties in the aftermath of a workplace injury. Workers’ compensation is designed to help, regardless of fault.

If you suffer an injury at work in 2026, our Champaign, IL workers' compensation lawyers can help you understand your right to benefits.

Does Fault Affect Workers’ Compensation in Illinois?

Fault usually does not prevent you from getting workers’ compensation. The Illinois Workers’ Compensation Act (820 ILCS 305/1 et seq.) allows workers to receive benefits if the injury happened while they were doing their job.

What Makes an Injury Eligible for Workers’ Compensation?

As the law directs, your injury must be work-related. This means it happened while you were performing your job duties or doing something your employer expected you to do.

Under 820 ILCS 305/6, you must report the injury to your employer within 45 days. Reporting the injury quickly creates a record and helps protect your claim.

Work-related injuries can happen in many settings, including hospitals, offices, construction sites, and warehouses. Even routine tasks can lead to injuries. If the injury happened while you were working, it may be covered.

What Benefits Can Workers’ Compensation Provide?

Workers’ compensation helps injured workers recover without worrying about medical bills or lost income. These benefits apply even if the injury was partly your fault.

Under 820 ILCS 305/8, workers’ compensation benefits may include:

• Payment for medical treatment related to the injury
• Temporary total disability benefits if you cannot work during recovery
• Permanent disability benefits if your injury causes long-term limitations
• Vocational rehabilitation if you cannot return to your previous job

These benefits help ensure injured workers can focus on healing instead of financial stress.

Why Do Employers Blame Workers for Injuries?

Employers or insurance companies may blame workers to avoid paying benefits. They may claim you were careless, distracted, or did something incorrectly. This does not automatically prevent you from receiving workers’ compensation.

Illinois law does not require you to prove your employer caused the injury. Again, the focus is on whether the injury happened while you were working. Insurance companies often investigate claims closely, but many workers still receive benefits after disputes.

What Happens if Your Workers’ Compensation Claim Is Denied?

If your claim is denied, you still have options. The Illinois Workers’ Compensation Commission handles disputes between workers and employers. This agency reviews evidence and decides whether you should receive benefits.

The process may include hearings, medical records, and testimony about how the injury happened. Many injured workers in Champaign County receive benefits after challenging a denial. Acting quickly improves your chances of success and helps protect your rights.

How Can Medical Records Help Your Workers’ Compensation Claim?

Medical records play a key role in proving your injury is work-related. When you see a doctor, clearly explain how the injury happened and that it occurred while you were working. This creates documentation that connects your condition to your job.

Following your doctor’s treatment plan also strengthens your claim. Missed appointments or incomplete treatment can give insurance companies reasons to question your injury. Accurate medical records help show the seriousness of your condition and support your right to benefits.

Schedule a Free Consultation With Our Springfield, IL Workers’ Compensation Attorneys

If your employer says your injury was your fault, you likely still qualify for workers’ compensation benefits. At Kanoski Bresney, we help injured workers understand their rights and pursue compensation. With over 100 years of combined experience, our team helps workers challenge denied claims and protect their financial future.

Call 888-826-8682 to schedule a free consultation with our Champaign, IL workers' compensation lawyers and learn how we can help.