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Fault of Employee

Fault of Employee

A core principle within the area of workers’ compensation is that the question of “fault” is largely irrelevant. It is only when the employee’s “fault” in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers’ compensation is generally not personal such that an employee’s misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment.

When an employee engages in misconduct that causes him injury, an examination of the relevant state’s statute is a foremost consideration because that is usually the only way for an employer to use the employee’s “fault” as a defense. Failing this, “fault” inquiries in relation to employee misconduct is generally limited to an employee’s fraud in obtaining workers’ compensation benefits.

When an injury is not incurred in the course of employment, the employee is not entitled to compensation. Therefore, a “fault” inquiry may be crucial when the employee is injured as a result of a deviation from the course of employment. A key example is where an employee engages in prohibited conduct and is then injured. The employee’s “fault” in leaving the course of employment to engage in such conduct may take him out of the protective realm of workers’ compensation.

Copyright 2013 LexisNexis, a division of Reed Elsevier Inc.

Settlements & Awards
  • Mattoon.

    52-year-old worker. 9th grade education. Left hand tendon laceration. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $436.64 per week for life.

  • Champaign.

    54-year-old CNA. Bilateral shoulder surgeries. Permanent restrictions. Two vocational experts failed to locate suitable light duty work. Permanent and total disability. Awarded $441.93 per week for life.

  • Springfield.

    66-year-old maintenance worker. Failed two level lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $538.36 per week for life.

  • Quincy.

    56-year-old municipal worker. Lumbar and S1 radiculopathy. Permanent work restrictions. No surgery. Failed job search. Awarded $466.13 per week for life. Total expected lifetime payout $581,730.00

  • Quincy.

    52-year-old CNA. Lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout $671,571.96.

  • Springfield, IL.

    63-year-old truck driver. Four shoulder surgeries. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $802.61 per week for life. Total expected lifetime payout $780,467.00

  • Quincy, IL.

    56-year-old street worker. Disc injury. No surgery. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $466.13 per week for life. Total expected lifetime payout of award is $586,577.99

  • Quincy, IL.

    52-year-old LPN. Lumbar fusion. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout of award is $677,571.00

  • Springfield, IL.

    56-year-old union pipe-fitter. Injured forearm/surgery. Permanent restrictions. Job change. Wage loss. Awarded wage differential of $550 a week for life. Total lifetime expected payout is $833,804

  • Springfield, IL.

    54-year-old union laborer. Spinal injuries and head trauma. Unable to return to work. Permanent and total disability. Awarded $642.50 per week for life. Total lifetime expected lifetime payout of $998,400

  • Video Vault


    What happens if my workers compensation claim is denied?

    Lawyers at Boshardy law office, located in Springfield, IL answer your questions about what happens if your workers compensation claim is denied. If you need legal help with a work injury or workers comp case, contact the law firm at 800-595-5345. We offer a free consultation.
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    John Boshardy handled my work comp claim very thoroughly. He always promptly returned my phone calls and answered any questions I had and kept me informed. John is an excellent attorney and I would highly recommend him.

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    In 2000 I worked at a power plant and got a torn rotator cuff injury.... Long story short I was off for over a year, had surgery, rehab etc. John took my case and he won us close to six figures. Now in 2006 I was laboring and got injured on the job f...

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    Great law firm. Complete satisfaction from start through outcome of legal issue. Would definitely recommend to everyone! Thanks John V. Boshardy and associates.

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    5.0/5.0

    John Boshardy handled my case very professionally,and worked diligently to get it settled, I'm very pleased with the outcome.John's staff that I had the opportunity to meet and work were very professional and very polite. Again I am very pleased John...

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  • lawyers
    5.0/5.0

    John Boshardy represented me for my workers compensation case in 2011, and I found him to be an excellent Attorney. John always returned my calls, and made time for every question I had during the process. John explained everything clearly so that I ...

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