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Can you sue your employer for a work-related injury in Illinois?

 

A: If you've sustained a work-related injury in Illinois, you may be able to recover damages through Workers' Compensation regardless of who was at fault. However, by accepting Workers' Compensation, you may not sue your employer for any injuries you've suffered.

Essentially, Workers' Compensation was created to cover injuries or illnesses that occur on the job. There are a number of different injuries and circumstances that may be covered under this benefit plan, but there are also limitations. For example, if your injuries were the result of being intoxicated while at work (and this was violating the company's policy), you may be denied your Workers' Compensation benefits.

In most cases, Workers' Compensation will cover:

• medical expenses that are related to the injury or illness;
• lost wages;
• retraining costs;
• compensation for any long-term injuries; and
• benefits to the families of workers who have died while on the job.

You may not receive compensation for any non-economic damages such as pain and suffering.

While Workers' Compensation prohibits you from suing your employer after suffering a work-related injury, you may have the option to pursue additional damages in a third-party liability claim. Your Chicago personal injury attorney can work with you to determine if any liable third parties played a role in your injury and are, therefore, subject to a potential Illinois personal injury claim.

Examples of third parties in a work injury claim include:

• a non-employer contractor at your job site;
• the manufacturer of a defective part, machine or vehicle;
• the manufacturer of defective safety equipment; and
• an engineer or architect that designs an unsafe work space.

A third party lawsuit stemming from a work-related injury in Illinois may result in a higher settlement, but it will also require the legal finesse of an attorney who has a good understanding of both Workers' Compensation and personal injury law. Be sure your Chicago personal injury attorney understands the intricacies of both areas of law before agreeing to hire them as your counsel.

Contacting a Chicago Personal Injury Attorney

An experienced Chicago personal injury attorney at the Law Offices of Barry G. Doyle can also review the particulars of your case and help fight for the compensation you deserve. Contact us today for a no cost case evaluation - 312-263-1080.

The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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