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My employer was clearly to blame for my work injury. Can I sue my employer?

 

A: In Illinois, worker's compensation cases are handled in a no-fault manner.  This means that it does not matter whether you are to blame, a co-worker is to blame, or your employer is to blame for a work accident.  If it was a work-related injury, your case must be resolved through an Illinois worker's compensation claim. 

There is a specific provision in the Worker's Compensation Act that provides that worker's compensation claims are the exclusive remedy for work-related accidental injuries in Illinois.  This means that you cannot sue your employer in court.

In a worker's compensation case, most injured workers receive three basic benefits: (1) two-thirds of your average weekly wage, known as temporary total disability or TTD, (2) payment of medical expenses, and     (3) a lump sum settlement for permanency associated with the injury, or permanent partial disability, or PPD.

Of course, if there is someone who is at least partially to blame for your injury other than yourself, a co-worker, or your employer, you can file an Illinois third party liability suit which allows you to recover the full range of damages you sustained as a result of your work injury.  This is something that commonly happens with work-related motor vehicle accidents or in Illinois construction accidents.  Handling third party liability suits can be very complex, so we strongly recommend that you hire an experienced Chicago personal injury lawyer to assist with your case.

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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