Workplace Injury Lawsuits Outside Workers’ Compensation in Illinois
If you were hurt on the job in Illinois, you may have been told that workers’ compensation is your only option. But is that really true?
For many injured workers, the answer is no. Depending on the circumstances of your injury, you may have the right to file a personal injury lawsuit outside of the workers’ compensation system, and potentially recover compensation beyond what workers’ compensation benefits alone may provide.
Quick Take
Workers’ compensation may be available after a workplace injury, but it is not always the only potential legal claim. When a negligent third party contributed to an accident, an injured worker may have additional options outside the workers’ compensation system.
When Workers’ Compensation Is Not the Whole Story
Illinois workers’ compensation covers most workplace injuries, but it has real limits. It typically pays for medical bills and a portion of lost wages, but it does not compensate you for pain and suffering. On top of that, workers’ compensation generally prevents you from suing your employer directly. However, it does not prevent you from suing a negligent third party who contributed to your injury.
Under the Illinois Workers’ Compensation Act, employees who are injured on the job are entitled to benefits through their employer’s workers’ compensation insurance. But that same law does not shield third parties from liability. So if someone other than your employer caused or contributed to your injury, a separate civil lawsuit may be available to you.
Workers’ Compensation
May provide benefits for covered workplace injuries, including medical expenses and certain wage-related benefits.
Third-Party Personal Injury Claim
May be available when someone other than your employer caused or contributed to your workplace injury.
Why This Matters
A workplace accident can involve more than one responsible party. Identifying every potentially liable party can be an important part of evaluating the legal options available after an injury.
Who Might Be Liable Beyond Your Employer?
Third-party liability claims in workplace injury cases can arise in many different situations. Some of the most common involve:
Negligent Driver
A driver causes a vehicle accident while you are working.
Property Owner
Unsafe premises lead to a slip and fall or another injury.
Manufacturer
Defective equipment or machinery contributes to an injury.
Contractor or Subcontractor
Another company or worker on the same job site acts carelessly.
Material Supplier
A company supplies hazardous materials without proper warnings.
In these situations, you could pursue both a workers’ compensation claim and a third-party personal injury lawsuit at the same time. The third-party claim may open the door to damages that workers’ compensation does not cover, including compensation for pain and suffering, emotional distress, and additional lost earnings.
How a Workplace Injury May Involve More Than One Claim
A workplace injury can sometimes involve separate legal claims arising from the same accident. The process may look something like this:
A Workplace Accident Occurs
An employee is injured while performing work-related duties.
Workers’ Compensation Benefits Are Evaluated
The injured employee may have a workers’ compensation claim through their employer.
Other Parties Are Investigated
The circumstances of the accident may reveal that a driver, property owner, manufacturer, contractor, or another third party contributed to the injury.
Evidence Is Preserved
Records, photographs, witness information, equipment, and other evidence may need to be reviewed or preserved quickly.
Available Legal Options Are Evaluated
Depending on the facts, an injured worker may have a workers’ compensation claim, a third-party personal injury claim, or potentially both.
What About Intentional Acts by an Employer?
Illinois law does carve out an exception that allows employees to sue their employer directly in certain extreme circumstances. If an employer intentionally harmed you, or if the conduct was so reckless that it went beyond ordinary negligence, courts have recognized that workers’ compensation protection may not fully apply.
These cases are difficult to prove, but they are worth exploring when the facts support it.
Common Misconception
Being injured at work does not automatically mean that every possible claim is limited to workers’ compensation. The facts surrounding the accident and the involvement of other parties can make a significant difference.
Talk to an Attorney to Explore Legal Options
Workplace injury claims involving third parties are complicated. Evidence needs to be preserved quickly, multiple insurance policies may be involved, and deadlines under the Illinois statute of limitations can cut off your right to sue if you wait too long. You should not try to navigate this on your own.
If you or a loved one was injured at work in Illinois, we encourage you to reach out to Patel Law, PC for a free consultation. Our Danville personal injury lawyers understand how to evaluate whether a third-party claim exists alongside your workers’ compensation case, and we fight to maximize the compensation our clients recover.
Talk With Patel Law, PC
If you were injured on the job, our team can help evaluate whether a third party may also be responsible for your injuries and discuss the legal options available to you.
Call us: 217-384-1111
Frequently Asked Questions About Workplace Injuries and Third-Party Claims
Can I file a personal injury lawsuit if I was injured at work in Illinois?
Depending on the circumstances, you may have a personal injury claim against a negligent third party who caused or contributed to your workplace injury, even if you also receive workers’ compensation benefits.
Who can be considered a third party in a workplace injury claim?
Depending on the facts, a third party could include a negligent driver, property owner, equipment manufacturer, contractor, subcontractor, or another person or company that contributed to the accident.
Can I have both a workers’ compensation claim and a personal injury claim?
In some situations, yes. A workplace injury may result in a workers’ compensation claim while a separate third-party personal injury claim is pursued against another responsible party.
Does workers’ compensation cover pain and suffering?
Workers’ compensation benefits generally differ from damages available in a personal injury lawsuit. A third-party claim may allow an injured person to seek categories of damages that are not available through workers’ compensation alone.
Source
Illinois General Assembly — Illinois Workers’ Compensation Act
