Can You Sue for a Work Injury in Illinois?

A workplace injury can put you out of commission, leaving you struggling to pay your bills and medical expenses. Workers’ compensation can help, but many people wonder if they have other legal options available to them to help cover their financial losses. One of the most common questions workers ask following a workplace injury is, “Can you sue for a work injury in Illinois?”

The answer can be complicated and depends on the nature of the accident. Illinois has specific rules outlining when you can and cannot take legal action for a workplace injury.

Recovering Compensation for a Work Injury in Illinois

The most common way to recover compensation for your medical expenses and a portion of your lost wages after a workplace accident is to file a workers’ compensation claim. The Illinois workers’ compensation program is no-fault insurance. Employees who are injured on the job can file a claim seeking specific benefits. The Illinois Workers’ Compensation Act covers nearly all employees, including those working in private companies, government agencies, and charitable organization employees.

There are several benefits to the workers’ compensation system. However, by accepting benefits, you generally lose the ability to file a lawsuit against your employer to seek additional compensation.

Can You Sue Your Employer for a Work Injury in Illinois?

In most cases, you cannot directly sue your employer to recover compensation for a workplace injury. Yet, there is one exception to the rule. In some situations, workers may sue their employer if the employer intentionally caused the employee harm. For example, if an employer assaults a worker, intentionally causing significant injuries, the employee may have a case against their employer.

Can You Sue a Third-Party for a Work-Related Injury in Illinois?

There is another legal option available to injured employees. Even if you are collecting workers’ compensation benefits, you may be able to file a personal injury lawsuit against a third party if the party played a role in the workplace accident. Illinois workers’ compensation laws typically shield employers, but they do not shield careless third parties from legal consequences related to a workplace accident.

Third-party entities can include parts or product manufacturers, outside contractors or subcontractors, or other individuals not directly working for your employer. If you are hurt on the job by a defective piece of machinery or equipment, you may have a case against the company that makes the defective product.

An Illinois Personal Injury and Workers’ Compensation Attorney Can Help

Understanding your legal rights following a workplace accident can be challenging. At Holley, Rosen & Beard, we know you want fair compensation for your medical expenses, lost wages, and other financial losses related to your work injury. Our legal team can evaluate your situation and outline your options for recovering the money you deserve after you got hurt at work.

Contact us online or call our office today to request a free initial legal consultation with one of our work injury lawyers. We can discuss your case and explain how we can help you pursue the benefits or compensation you need.