When Can You Sue Your Employer for an Injury You Sustained at Work?

 Posted on June 04, 2021 in Work Injuries

Being injured is not something that anyone expects to happen, but when it does, it can significantly affect your life. According to the Bureau of Labor Statistics, there were nearly 3.5 million workplace injuries that occurred in both private and governmental organizations in 2019. Most of the time when you are injured at work, you will be covered under workers’ compensation, which will typically pay for your medical bills and lost wages. In most cases, you will not be able to file a lawsuit against your employer for being injured at work. However, workers’ compensation benefits do not cover your full work wages, and this can leave you with expenses that you cannot afford to pay. In some rare cases, you might be able to sue your employer to help compensate for your injury.

Potential Reasons You Can Sue Your Employer

In most cases, you will not be able to sue your employer for a work injury because of protections given to them by the Workers’ Compensation Act. When an employee is hurt at work, workers’ compensation insurance is supposed to step in to protect the employer from a lawsuit. However, if an employer does not have the workers’ compensation insurance required by Illinois law, you can file a lawsuit against them to recover damages. You may also be able to sue your employer if they intentionally caused your injury.

Suing Third Parties

Although situations in which you can file a lawsuit against your employer are uncommon, there are many cases in which you can pursue compensation from third parties who are responsible for your work injuries. Anyone who is not considered to be your employer but who was involved in your incident may be liable for your injuries. Some common parties named in work injury claims include:

• Manufacturers of products you use to do your job

• Contractors or subcontractors on your worksite

• The owner of the property where the accident took place, if the injury occurred away from your usual workplace

• Other drivers involved in accidents while you are driving for work

Contact Our Cook County Work Injury Lawyers for Help

Many people believe that recovering compensation for a work injury is limited to workers’ compensation. While that is often true, there are certain circumstances that would allow a person to sue their employer or a third party for an injury sustained while at work. If you have sustained any type of work-related injury, you should speak with a skilled Barrington, IL work injury attorney to discuss your options. At Barrington Injury Attorneys, we can help you hold the right people accountable for your injury. To schedule a free consultation, call our office today at 224-900-HURT.

Sources:

https://www.bls.gov/iif/oshwc/osh/os/summ2_00_2019.htm 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68