One of the oft-spoken rules governing workers’ compensation is you cannot sue your employer for an injury you suffer while at work. Workers’ compensation works as a no-fault type of insurance. However, a few caveats exist. Under some specific circumstances, you can sue your employer or others in a traditional personal injury case.

Your Employer Intentionally Harmed You

Under workers’ compensation, you can’t sue your employer no matter the level of negligence involved. Nevertheless, you can sue your employer if you received your injury due to intentionally harmful actions. Intentional harm is a criminal act, but you must prove it.

An obvious example of intentional harm can include your employer assaulting you directly. If the actions occur because of an accident, it doesn’t count. Even in cases where you know the employer intended intentional harm, you’ll have a hard time proving it without a great deal of evidence to back the claim.

Your Employer Doesn’t Have Adequate Workers’ Compensation Insurance

Much like other forms of insurance, your employer needs to have the right amount of it. This is more of an issue for employers who self-insure rather than use the state’s workers’ compensation program. You can sometimes sue directly if your injury pushes the workers’ compensation insurance beyond its policy limits.

In Illinois, employers must have permission for self-insurance. In cases of this sort, several variables can affect whether you can sue the employee directly or not. Usually, you will still have to at least start the workers’ compensation process before doing anything else.

Your Employer Doesn’t Have Workers’ Compensation Insurance

Any employer operating in Illinois without workers’ compensation insurance is doing so illegally. If your employer doesn’t have workers’ compensation insurance, you have no choice but to sue directly, and the employer must provide its own defense instead of being defended by an insurance company. The burden will fall upon the employer to disprove your claim.

Your Employer Isn’t Really Your Employer

In some narrow circumstances, you can sue your employer if you’re not technically an employee. The Illinois Workers’ Compensation Act lists worker types that aren’t considered employees:

  • Real estate brokers
  • Broker-salesmen
  • Salesmen

If the person only receives commission payments, they’re not considered an employee. If you hold such a position and suffer an injury while working for someone, you can sue in civil court.

Your Employer Isn’t the Only One to Blame

If you received your injury because of a third party’s negligence, you can sue that third party directly. Often, this is the only way someone can seek compensation for pain and suffering. These types of lawsuits can involve:

  • The manufacturer, installer, or operator of faulty equipment
  • A contractor from another employer who causes an accident at your job or site
  • An architect or another contractor who designs or erects a hazardous space or tool

You’re not suing your employer directly with third-party lawsuits, but the third party can sue your employer. For example, you can receive a payout for your third-party lawsuit. In turn, the third party may sue your employer if they believe your employer was the cause of the negligence.

Suing your employer is rarely easy, and sometimes you may find it’s better to go with the workers’ compensation route when possible. Workers’ compensation tends to pay out faster than a full personal injury lawsuit. Even when you think you have the right to sue the employer, you may find out workers’ compensation will still cover the issue.

If in doubt, speak to someone who understands how workers’ compensation and personal injury cases work in Illinois. At Randall A. Wolff & Associates, Ltd., we can help you make an informed decision regarding your workplace injury and compensation. Contact us today.