Can I Sue My Employer Outside of Workers’ Compensation?

It may be a complete bummer when you get injured at work, but at least you know you will be covered with workers’ compensation benefits. Even still, you may be unable to shake your lingering frustrations over the fact that your employer was almost undoubtedly a negligent party in your workplace accident event. Given this, you may want to hold them accountable directly, sidestepping your company’s workers’ compensation program. Well, please follow along to find out whether you can sue your employer outside of a workers’ compensation claim and how one of the proficient Illinois workers’ compensation benefits lawyers at The Law Firm of Kevin A. Moore can help deduce your available legal options.

What should I know about the exclusive remedy rule in workers’ compensation?

The workers’ compensation system in Illinois recognizes the exclusive remedy rule. This holds that workers’ compensation is the sole legal mechanism an employee may utilize to recover damages from their work-related injuries. In other words, they are prohibited from suing their employer through a personal injury claim before a civil court. 

This is essentially because workers’ compensation is a no-fault benefits system. So, your employer may easily offer you coverage for your medical expenses and lost wages, even ignoring the fact that you potentially contributed to your own workplace accident. But this is in exchange for receiving immunity from being held legally liable in a lawsuit, regardless of their fault being blatantly obvious. 

Under what circumstances can I sue my employer outside of a workers’ compensation claim?

Of note, there are exceptions to the exclusive remedy rule, which may still permit you to sidestep a workers’ compensation claim and go for a personal injury claim. For one, you may have reason to believe that your employer intentionally caused your injury or engaged in conduct that goes beyond negligence (i.e., deliberate harm). For example, if your employer knowingly removed safety features and equipment from your workplace. 

Or, you may prove that your employer functions in a dual capacity. For instance, if they simultaneously act as a manufacturer or distributor of your workplace equipment. The exclusive remedy rule does not extend to this second role. So if you get injured while handling this equipment, you may file a third-party claim against them.

Lastly, you may have evidence that you were technically “off the clock” when your accident took place. That is, you may have been welcomed on the premises to pick up your paycheck or fill out employment-related paperwork, when you ultimately slip and fall due to a dangerous condition. In turn, this may be categorized as a non-compensable injury under workers’ compensation, and you may proceed with a slip and fall accident claim. 

Even if you are still not confident in your chances of legal success, there is no harm in reaching out to one of the talented Illinois workers’ compensation benefits lawyers. Your initial consultation with The Law Firm of Kevin A. Moore will be free of charge. So please, grab your phone and give us a call today.