Legal Question in Workers Comp in Illinois

Re: suing for physical and emotional suffering

Generally, there is an exclusivity provision that prevents you from "suing" your direct employer.

However, there are still ways to recover for your damages from other responsible parties. For example if there is a general contractor involved, a faulty product, etc.

If your injury resulted solely from the negligence of your employer then the answer, most likely, is that Workers' Compensation is your only remedy.

To make that determination specific to your unique situation you should speak with an attorney.

Most Workers' Compensation lawyers do not charge for phone or office consultations.

Good luck,

Matt Belcher

Re: suing for physical and emotional suffering

Dear Sirs:

You probably will not be able to sue your employer, but you may have a case against the manufacturer of the equipment if there was a design or manufacturing defect.

Please call us to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

(312) 977--9900

[email protected]

Re: suing for physical and emotional suffering

Short answer is "No." When the legislature passed the worker's compensation law and made it mandatory for employers to obtain that sort of insurance, they also provided immunity to the employer for negligence.

BUT-- If the equipment was faulty, or if the maintenance of the equipment was the responsibility of an outside company, then you may have a third party claim against that entity for negligence.

It all depends on the details.

If you have more questions, feel free to contact me. I hope this helps,

Taradji