Is It Possible To File a Lawsuit Against My Employer Instead Of Collecting My Illinois Workers’ Compensation Benefits?

Usually if an employee is injured or contracts an illness through their workplace, the only legal remedy is workers’ compensation. There is a public policy that states that for a guarantee of receiving workers’ compensation benefits, the employee gives up their right to sue the employer in case something should happen on the job. This bargain helps to resolve possible tension between the employer and employee because it creates a predictable method to solve the conflict.

But although workers’ compensation is offered to the majority of injured or sick employees, there are some exceptions to the exclusive remedy of the workers’ compensation. The best route of action to take is to consult an experienced and skilled workers’ compensation attorney at The Law Offices of Steven H. Mevorah & Associates who is familiar with Illinois Lawyers Compensation Laws. The rules and exceptions vary greatly between states, but the knowledgeable lawyers at our firm will help you learn whether it is possible for you to bring a lawsuit against your employer, either instead of or in addition to filing a workers’ compensation claim.

Special Cases

If there was an intentional action towards the employee by the employer that results in an injury, most states will allow the worker to file a lawsuit for harm on top of filing for workers’ compensation. Some examples of behavior that would be considered intentional include possible assault, purposefully causing emotional distress, or creating exposure to dangerous conditions.

It is possible as well that a worker may sue for damages caused by actions not covered by workers’ compensation benefits. Examples of these may include invasion of privacy, defamation, illegal discrimination, sexual harassment, property damage, or harm caused by a dangerous co-worker.

There is also the possibility of an employer having a second legal relationship to an employee, and the employee is harmed through that second affiliation. This is called the dual capacity or dual persona doctrine, and is considered a legal basis for a lawsuit in certain states. An example of dual capacity is if medical malpractice occurs through the services of a company doctor, if the employer violates its duty as a landowner by allowing harmful conditions on its property, or when the worker is injured through a defective product manufactured for public sale.

There is also the possibility of an employer receiving a lawsuit based on the bad faith processing of a workers’ compensation application. An employee’s workplace can also be sued if the employer demotes or fires the employee in retaliation to their workers’ compensation claim.

Co-Workers

In the workers’ compensation system, most states forbid lawsuits against co-workers causing injuries, since co-employee injuries are already covered in the system. However, if a co-worker deliberately causes injury to another worker in the workplace, it is rare for this immunity to be granted to the co-worker.

Filing a Lawsuit Against a Third-Party

It may be difficult for an injured worker to directly sue the employer. However, there may be a third party that is responsible for the injury which can be sued. Some examples include:

• Negligible treatment from a doctor that worsens the injury
• A defective product from either a manufacturer, seller, or distributor that causes an injury at the workplace
• Failure by an inspector to correct a hazardous situation
• Failure by the employer’s landlord to fix a dangerous condition on the property

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Illinois Workers’ compensation benefits are usually smaller than awards through lawsuits. However, if the court proceeding has an unsure outcome, the employee will not be left without support.

The rules for legal remedies concerning work injuries contain many variations between jurisdictions. In order to find out if you can file a lawsuit, it is crucial to speak with a specialized workers’ compensation attorney.