Can I Sue My Employer for a Work Injury?

 Posted on December 11, 2019 in Workers' Compensation

When a serious injury or death occurs, holding the responsible party accountable is important. If a person slips at a grocery store or gets into a car accident, they may be able to file a personal injury lawsuit to financially compensate for medical bills and suffering. When an injury happens at work, or because of work conditions, however, employees cannot sue their employer. This is when workers’ compensation insurance comes in.

Workers’ compensation insurance is a requirement for most employers in Illinois no matter their revenue or company size. This insurance protects employees if they get hurt because of work, and offers benefits such as medical bills and lost wage coverage. For employers that do not have coverage, there is up to a $500 a day fine for each day of noncompliance - with a minimum penalty of $10,000. For employers that knowingly do not have insurance, the Workers’ Compensation Commission may issue a stop-work order until obtained coverage can be proven.

When an employee is injured, workers’ compensation steps in instead of a lawsuit. It protects both workers and employees this way. Workers are eligible for benefits to assist with care after an injury and employees can avoid a costly lawsuit. However, if an employee does not have the required workers’ compensation insurance, they can be sued if an employee is injured during a time of no coverage. Benefits paid by workers’ compensation insurance have certain limits, but if an employee is eligible to sue their employer for an injury, there are no limits with what they can ask for.

With proper insurance, workers’ cannot sue their employers for personal injury. However, they can sue third-parties involved in the incident on top of collecting workers’ compensation. For example, if a road worker is hit by a car and suffers serious injuries and permanent damage, they could sue who hit them while on the job for personal injury. Construction speed limits are often ignored by drivers in a hurry. The road worker would have to prove that the driver was being negligent when the accident occurred to be eligible for compensation.

Contact an Aurora Workers’ Compensation Attorney

No matter if an accident was a workers’ fault, they are still eligible for benefits and it is their right to request them If your employer is uninsured, or refuses to provide benefits after an accident, contact an experienced Kane County workers’ compensation lawyer. Our compassionate attorneys will protect your rights if you are hurt and cannot return to work. Call our office at 630-907-0909 to schedule a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx#number