Free Consultation


Can you sue your employer for a work accident?

Typically, when you get injured due to the negligence or actions of someone else, you can take them to court and sue for damages. This allows you to get money for any medical expenses, lost wages and other expenses related to the injury. Because work accidents are common and can put a real strain on employers financially speaking, there is a different approach to on the job accidents in Illinois.

According to Insureon, you generally cannot sue your employer due to a work accident because your employer has workers’ compensation insurance to cover such accidents. Workers’ compensation allows you to get paid for your medical expenses related to the accident. You also may be able to collect lost wages depending on how many days you missed of work.

This system helps everyone. It enables you to get expenses paid quickly while protecting your employer financially. If you were to go to court, it could take a long time to reach a settlement or get a judgment. Plus, a judge could hold you partially responsible for the accident, which means you may not recoup all your expenses. With workers’ compensation, the employer is automatically at fault, so all your medical expenses are covered.

Furthermore, if your injury causes long term issues, workers’ compensation will cover that automatically based on your medical records. If you go to court, you may not know this will be a long-term issue, so your settlement or judgment may not pay you enough. Plus, you will not have job protection if you sue, whereas you have job protection with workers’ compensation.

Once you file a workers’ compensation claim, the process is rather straightforward. You just have to make sure to provide all the requested documentation. This information is for education and is not legal advice.