In the state of Illinois, workers cannot sue their employers for injuries pertaining to a workplace accident because they can rely on worker’s compensation benefits. It is their sole form of recovery, but it is a double-edged sword. While the worker doesn’t need to prove fault and only prove that the injury is work-related, he cannot ask his employer to pay for medical expenses out of pocket.
In other words, the compensation gives employees what they need but also protects their employers from lawsuits. As such, the injured employee cannot get compensation for mental anguish or for their pain and suffering.
Exceptions to Worker’s Compensation Rules – When Can You Sue?
There are certain exceptions to this rule. In the state, an injured employee can sue his or her employer for work injuries under the following circumstances:
1. The Worker Is Not an Employee
Certain types of workers are not categorized as employees as per Illinois law. This includes real estate brokers, salespeople who are working for commissions, and contract-based agriculture workers to name a few. If you fall under this category and suffer an injury at work, you can sue your employer successfully.
2. The Employer Does Not Possess Insurance
As per Illinois law, all employers in the state have to have compensation insurance irrespective of the number of people they have on staff. If yours does not, and you get injured during their watch, you can sue them for negligence in civil court.
3. The Employer Deliberately Injures Workers
These incidents are rare but they come to the fore if say you are assaulted by your employer on the job and got injured. You can also sue if you believe he was negligent in maintaining equipment that caused your injuries. While you can get compensation from the system, you should pursue a lawsuit to get adequate finances if your employer’s actions led to your condition.
If you have experienced any of the aforementioned scenarios, you need an experienced worker’s comp lawyer from I Am Calling My Lawyer. We have over five decades of combined experience in dealing with personal injury cases, workers compensation cases, and wrongful death suits as well.
Needless to say, we are not afraid to stand up for your rights or to ensure that you get the complete compensation that you deserve. Get in touch with us for a consultation in Schaumburg, IL today.