Can I Sue My Employer After a Workplace Injury in Chicago?

Generally speaking, you cannot sue your employer directly after suffering a workplace injury in Chicago. This is due to the limitations of the workers’ compensation program, a no-fault insurance system that protects employers from being sued by their own employees. However, you can still pursue compensation from your employer for missed earnings and medical costs – even if you can’t sue them. To learn more about this concept, consider contacting a workers’ compensation lawyer in Chicago.

Why Can’t I Sue My Employer Directly? 

Direct lawsuits against your employer are generally impossible because of the workers’ compensation program. This is a mandatory no-fault insurance system for most employers in the United States. In exchange for paying monthly premiums, employers enjoy protection from direct lawsuits stemming from workplace injuries.

This system is “no-fault” because no one has to prove anything in order to pursue compensation. Whether the accident was caused by the negligence of the employer or the carelessness of the worker, the injured party still receives compensation. Many see this as a “win-win” because while the worker receives compensation without having to prove fault, the employer never has to admit any wrongdoing.

What’s the Difference Between a Workers’ Comp Claim and a Lawsuit? 

A workers’ comp claim only provides compensation for economic damages. Depending on the nature of the accident, these may include funeral expenses, missed paychecks, and medical bills.

In contrast, a lawsuit can provide compensation for non-economic damages as well. These include emotional or psychological losses, such as emotional distress, depression, anxiety, mental anguish, PTSD, loss of enjoyment of life, disfigurement, humiliation, and more. The inclusion of these damages can lead to much higher compensation for lawsuits.

The trade-off is that in order to be successful with a lawsuit, the worker must prove negligence. In other words, they must show a preponderance of evidence that someone else caused their injuries. This is not always easy.

Workers Can Sue Their Employers in Certain Situations 

Workers can file direct lawsuits against their employers in a few, rare situations. First, they may sue them after accidents involving gross, reckless negligence. These incidents represent misconduct verging on (or directly involving) criminal behavior. Employees may also file direct lawsuits against their employers for asbestos exposure in certain situations. Speak with a lawyer to determine whether a lawsuit may be possible based on your circumstances.

Can a Workers’ Compensation Lawyer in Chicago Help Me? 

A workers’ compensation lawyer in Chicago may be able to help you get the financial support you need after a workplace injury. While suing your employer directly probably isn’t possible, each case is unique. Online research can only provide broad information, while a lawyer could offer more personalized guidance based on your specific circumstances. To discuss the possibility of a lawsuit or workers’ comp claim in more detail, contact Connolly Injury Law today.

Sources:

 natlawreview.com/article/illinois-ruling-civil-liability-employers-confirms-risks-companies

iwcc.illinois.gov/