FAQs, Chicago Workers' Compensation Lawyers

Can I file a suit against my employer if I'm injured on the job?

If you are injured on the job, you are required to apply for workers’ compensation before filing a personal injury lawsuit. However, receiving workers’ compensation means waiving your right to sue your employer. Filing a personal injury lawsuit against your employer is very difficult unless you can prove gross negligence or deliberate malice.

If the workers’ compensation you are receiving does not cover your medical costs, you probably have two options: request increased payments through the workers’ compensation program, or file a third party lawsuit. The second option applies if you were injured by faulty equipment, on a third party’s property, or by an employee of another company.