In Illinois, you typically cannot directly sue your employer for negligence. However, the Illinois workers’ compensation system provides specific guaranteed benefits to injured workers regardless of who is responsible. These guaranteed benefits include:
- Medical treatment coverage
- Lost wage benefits
- Disability compensation
- Vocational rehabilitation if needed
- Death benefits for surviving family members
When You Can Sue Your Employer
Direct lawsuits against employers are permitted in three specific situations.
- No Workers’ Comp Insurance: If your employer failed to maintain required workers’ comp insurance, you can sue them in civil court.
- Independent Contractor Status: If you are an independent contractor, you can sue your employer for breach of contract or wrongful termination.
- Intentional Harm: You can sue your employer if they caused you intentional harm.
Third-Party Claims: Additional Compensation Options
While you typically can’t sue your employer, you may have claims against other parties such as:
- Equipment manufacturers
- Property owners
- Subcontractors
- Maintenance companies
- Third-party vendors
These claims can provide compensation for:
- Pain and suffering
- Full wage losses
- Emotional distress
- Additional damages not covered by workers’ comp
Warning Signs You Need Legal Help
If you’ve been injured at work, seek legal assistance if:
- Your claim is denied
- Benefits are delayed
- You’re pressured to return to work
- Your injury causes permanent disability
- Multiple parties are involved
- You’re unsure about your rights
GWC operates on a contingency-fee basis, meaning you only pay if we win your case. Call us today at 312-999-9999 for a free, no-obligation consultation.
How GWC Injury Lawyers Can Help
If we take on your workers’ compensation case or file a lawsuit against your employer, we will:
- Evaluate the strength of your claim
- Identify all potential sources of compensation
- Handle communications with insurance companies
- Document your injuries and damages
- Protect your employment rights
- Fight any claim denials
- Pursue maximum compensation
Schedule a Free Consultation with a Workplace Injury Lawyer
Call 312-999-9999 to speak with one of our experienced Chicago workers’ compensation attorneys. We are available 24/7 to explain your rights and help determine if you can sue your employer in Illinois.
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