If I Claim Workers' Comp, Can I Also Sue My Employer?

 Posted on September 27, 2024 in Workers' Compensation

Laws require Illinois employers to have workers' compensation insurance policies, with only a few exceptions. This coverage should provide specific benefits to workers who become ill due to work-related duties or are injured while on the clock. In exchange for these benefits, injured workers typically give up their right to pursue a personal injury claim against their employers.

Are there any circumstances that might allow you to pursue a personal injury claim? How do you know your options? The knowledgeable attorneys at McNamara Phelan McSteen, LLC can discuss your situation during your free consultation and answer your questions.

When Could I File a Personal Injury Claim Against My Employer?

When employers knowingly put workers in danger and those workers are harmed, a personal injury claim may be possible. Employers who intentionally harm workers are also subject to personal injury cases being filed against them. Examples of negligent employer behaviors include:

• Allowing or requiring workers to use equipment they know is unsafe
• Failing to provide proper safety equipment
• Inadequately training employees to use dangerous machines or equipment
• Failing to maintain facilities and equipment
• Not conducting thorough background checks, potentially hiring dangerous employees
• Failing to keep the workplace safe and clean
• Ignoring safety hazards when they are informed about them
• Not providing adequate supervision
• Violating OSHA standards
• Not terminating employees for stalking or violent behaviors

If you suffer harm due to these or similar situations, you may have grounds to file a personal injury claim. Other potential justifications include when employers do not have workers' comp insurance or when they commit workers' comp fraud. If you believe you have a case, contact McNamara Phelan McSteen, LLC to identify your potential compensation options.

Why Would I File a Personal Injury Claim Rather Than Workers' Comp?

Workers' comp benefits may include medical expenses, a portion of your lost wages, and disability. However, no compensation is available for your illness or injury's intangible effects on your life. Many personal injury settlements include non-economic damages that compensate for intangible losses, including:

• Pain and suffering
• Disfigurement
• Loss of consortium
• Anxiety, depression, or PTSD
• Loss of society
• Losing the ability to enjoy life

Not every workplace injury leads to these losses, but some do. Your lawyer from McNamara Phelan McSteen, LLC will investigate your illness or injury to determine whether you can file a personal injury claim.

What If a Third Party Is Responsible For My Workplace Injury?

In some cases, third parties may be liable for your injuries. Examples include:

• Defective equipment manufacturers
• Work crews on your job site employed by another company
• Drivers who hit you while you are conducting company business

In these and similar cases, you might be able to obtain workers' comp benefits and also file a personal injury claim against liable third parties. Your attorney from McNamara Phelan McSteen, LLC can handle both cases seamlessly.

Call Our Dedicated Joliet, IL Workers' Compensation Lawyer Today

At McNamara Phelan McSteen, LLC, we will aggressively fight to protect your rights and best interests, helping you recover compensation from all available sources. Call us at 815-727-0100 now for your free consultation with our determined Will County, IL personal injury attorneys.