Typically, you cannot sue your employer for OSHA violations. If you suffer injuries on the job in Illinois, your claim will be filed through the workers’ compensation system, which will include:
- Payment of reasonable, related medical treatment
- Temporary total disability at two-thirds of an employee’s gross average weekly wage
- Permanent partial disability intended to compensate for the permanent nature of a worker’s injuries
The workers’ compensation system offers employers limited liability protection, which under Illinois law prevents injured employees from suing their employer regardless of negligence. This also means an employee cannot sue for pain and suffering.
There are three limited exceptions to these rules, however. In Illinois, an injured employee may sue their employer for negligence under the following circumstances:
- The worker does not qualify as an employee – Under Illinois’ Workers Compensation Act, certain workers are not classified as employees. These include real estate agents, broker-salespeople, commission salespersons, and come, short-term agricultural workers. Under traditional theories of negligence, these types of employees could sue an employer for injuries on the job.
- The employer does not have insurance – If an employer has not purchased adequate workers compensation insurance, regardless of how many employees they have, an employee may sue in civil court for negligence.
- The employer intentionally injured the worker – This typically only pertains to an actual assault on an employee and not when an employer was grossly negligent. Only if an employer explicitly intends to cause injuries to the employee can that employee pursue a lawsuit.
These circumstances are extremely rare, however. As is the courts allowing a lawsuit over OSHA violations. However, an experienced personal injury lawyer can advise you on your unique situation.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, the lawyers at America’s Consumer Lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.
