Can I Sue My Employer for a Workplace Injury in Bloomington, IL?

What Is the Exclusive Remedy Rule?

The exclusive remedy rule is a principle in workers' compensation law that limits an employee's options for seeking compensation after a work-related injury. In most cases, the rule prevents injured workers from suing their employers. It aims to streamline the recovery process and create a predictable system for both parties. Here’s how it works:

• In exchange for providing mandatory workers' compensation insurance, employers receive immunity from most lawsuits filed by employees who suffer work-related injuries.
• In exchange for receiving guaranteed benefits through the no-fault workers' compensation system, employees generally give up their right to sue their employer directly for negligence in most workplace injury cases.

Exceptions to the exclusive remedy rule allow an employee to sue under certain circumstances, however.

When Can You Sue Your Employer for a Workplace Injury?

There are certain situations where injured workers can sue their employers for work-related accidents. Here's a breakdown of some common exceptions to the exclusive remedy rule:

You May Sue Your Employer if Their Intentional Act Caused Your Injuries

If your employer intentionally caused your injury, or acted with reckless disregard for your safety, you may be able to sue the employer outside of workers' compensation. This could include situations like assault, providing faulty equipment while knowing the danger, or forcing you to perform unsafe tasks.

Lack of Workers' Compensation Coverage May Warrant a Lawsuit

If your employer did not have workers’ compensation insurance coverage when your accident happened, you can sue the employer directly for your medical bills, lost wages, and pain and suffering.

Suing Your Employer May Be an Option if Fraudulent Concealment Was Involved

If your employer deliberately hid the severity of your injury or the connection between your injury and your job, and this resulted in your condition worsening, you might have grounds for a lawsuit against your employer.

Can You Sue Your Employer if Someone Else Caused Your Workplace Accident?

You usually cannot sue your employer for a workplace accident that was caused by someone else. However, there are some exceptions that may allow for legal action beyond workers' comp.

If a third party—such as an independent contractor, delivery driver, manufacturer, or subcontractor—was responsible for the incident, you may have the right to file a personal injury lawsuit against that individual or company. This is called a third-party claim, and it allows injured workers to pursue compensation for damages that workers' compensation doesn’t cover, such as pain and suffering, emotional distress, and full lost wages.

Who Is a Third Party?

A third party is any person or entity other than your employer or a co-worker who plays a role in your workplace injury. This could include:

• Subcontractors: On a construction site, for instance, a subcontractor's negligence (like faulty scaffolding) could lead to your injury.
• General contractors: The general contractor responsible for overall site safety might be liable if they failed to identify or address hazards.
• Property owners: If a building owner fails to maintain the premises in a safe condition, and this contributes to your injury, they could be a third party.
• Equipment manufacturers: Defective equipment from a manufacturer could be the cause of your injury, making them a potential third party.
• Vending machine companies: Malfunctioning vending machines or uneven surfaces around them could be the responsibility of a separate company.

FAQs About Suing Your Employer for a Work Injury in Bloomington, IL

Can I sue my employer for pain and suffering after a workplace injury in Illinois?

Generally, no. Illinois workers' compensation does not cover pain and suffering, and you usually cannot sue your employer directly for those damages. However, if a third party caused your injury or your employer acted intentionally, you may be able to pursue additional compensation through a lawsuit.

What is the difference between filing a workers' compensation claim and suing my employer?

The damages that are available and factors surrounding fault are the main differences between filing a workers’ comp claim and suing your employer. Workers' comp provides no-fault benefits like medical care and partial wages. A personal injury lawsuit can recover broader damages—like full lost income and pain and suffering—but requires proving fault.

Do I need a workers’ compensation lawyer to sue my employer in Bloomington? 

Yes, you’ll likely need a lawyer to sue your employer. These cases are legally complex, and proving an exception to the exclusive remedy rule requires strong evidence. A local attorney at Strong Law Offices can investigate your claim and guide you through your options.

Contact Us to Find Out Whether You Can Sue Your Employer

At Strong Law Offices, our workers’ compensation attorneys in Bloomington dig deep to identify all sources of compensation because we know that your financial future depends on it. Contact us for a free consultation to find out what legal options are available to you.