What if my construction injury was my fault?

You may still be entitled to compensation and benefits if you were wholly or partially to blame for a construction accident. Do not assume you aren’t entitled to compensation, or you will be left with no help in paying the costs of treatment.

Workers’ compensation does not disqualify workers from receiving benefits for accidents they were responsible for causing. Except under specific circumstances such as intoxication or express violations of company policy, a worker can receive benefits for all injuries sustained while performing work.

In a personal injury lawsuit, you may also be able to obtain partial compensation even if your actions contributed to the accident. Illinois uses a modified comparative negligence rule, so an injured person may recover compensation if he or she is less than 50 percent at fault.

Compensation is reduced if you are partially at fault. If damages are $10,000 but you were 40 percent responsible, you would be compensated for only 60 percent of the losses, or $6,000.

An accident attorney who routinely handles construction accident cases in Chicago can assist in proving the extent of the other party’s responsibility for causing the accident.

You can learn more at our Construction Accidents page.