Ordinarily, workers who suffer injuries in the workplace may only recover money through workers’ compensation rather than through a lawsuit. While that is the usual rule, some exceptions exist. Those exceptions include:
- An injury stemming from a defective product could lead to a lawsuit against the product’s manufacturer
- An injury that resulted from a toxic substance could support a suit against the substance’s producer
- If the injury resulted from an intentional or egregious act by the employer, then the employee could sue.
- If the employer does not have worker’s compensation insurance, then the employee may sue.
- And, if a third party caused the injury, the employee could sue that person.
These exceptions exist because, while workers’ compensation can provide disability payments, it will not compensate people for suffering, nor will it provide extra damages to punish particularly bad conduct by the employer.
Defective Product Injuries in Crystal Lake
Worker’s whose injuries resulted from a defective product or machine, such as a piece of factory equipment that breaks causing them to lose a hand, may be able to sue the maker of the equipment in addition to collecting their workers’ compensation. They could also file a complaint with OSHA to report the unsafe working conditions, especially if the employer did not take the defective device out of service after the accident.
Toxic Substance Injuries in Crystal Lake
Workers’ jobs often expose them to a variety of chemicals. Some of these chemicals, like asbestos or benzene, can cause harm to the worker, for which they can sue the compound’s producer. The sorts of injuries that these compounds cause come in two forms, acute and latent. Acute injuries appear shortly after exposure, like a burn after being exposed to a powerful acid. Latent injuries can take years to appear after the initial exposure. One common latent injury is cancer. However, regardless of which type of injury the chemical cause, both can form the basis of a lawsuit as long as the employee can prove that the chemical caused the disease.
Crystal Lake Work Injury - Intentional and Egregious Employer Conduct
The law may also allow for suits in cases where the employer injured the employee intentionally or where the employer’s conduct was grossly negligent. These cases could include things like an argument between a boss and employee that leads to a fistfight, or an employer sending an employee into an obviously dangerous situation while refusing requests for protective equipment.
When an Employer Does Not Have Workers’ Compensation Insurance in Crystal Lake
An employee can also recover via lawsuit if the employer does not carry workers’ compensation insurance. This changes the equation in a couple ways. In a lawsuit, the employee will need to prove that the employer caused the employee’s injury, which workers’ compensation does not require. But, if the employee can prove that, then they stand to receive more compensation than they would under the usual workers’ compensation system.
Crystal Lake- Third Party Injuries
Injuries in the workplace are not always caused by the company or the conditions. Sometimes an unrelated party can injure someone on the job. For instance, a delivery driver could get into a car accident while driving around. If the other driver caused the accident, then the employee may be able to sue them.
For help with workers’ compensation questions in Illinois, please contact Newland & Newland today. We provide support to clients in Lake County, McHenry County, Cook County, DuPage County, Crystal Lake, Arlington Heights, Barrington, Palatine, Rolling Meadows and throughout Northern Illinois.