Employers across Illinois are required by law to provide insurance to their employees, called Worker’s Compensation. Worker’s compensation is a type of insurance that provides medical assistance and compensation f wages for the worker in the event that the employee faces an accident at work and sustains injuries. In return, the worker loses the right to sue the employer and bring a lawsuit against them.
This works for and against the employees in some ways. The worker’s compensation can be availed by the employee regardless of whose fault it was that the accident occurred (it may have been the employee’s too). In a formal, personal lawsuit, the employee would have had to prove the fault of his employer. However, the personal lawsuit could get the employee far more compensation than just enough to cover up medical bills and lost wages. Thus, the worker’s compensation protects the employees and employers to some extent. A Chicago construction accident lawyer can help you determine if you are eligible to file for workers' compensation.
Though through the worker’s compensation, most employers get out of being held liable for workplace injuries, it does not provide them complete protection. There are some cases where the employer can still be held legally liable in court, despite the insurance. A Chicago construction accident lawyer can help you determine if your employee is liable.
Gross Negligence
If the negligence that caused the accident is of an undeniable, unmistakable nature, the employer, despite the insurance, will need to be answerable in court. As an employer, the responsibility to take action to prevent such incidents was their responsibility, and if there is proof of extreme negligence by the employer, there will be not only compensatory damages but also punitive ones.
Intentional Injury Cause
If the employer had directly or intentionally caused the injury, they cannot escape a lawsuit. If it can be proven that the injury was caused because of the direct consequences of an employer’s actions to actively harm an employee out of malice, the employer can and will be sued in court.
Independent Contractor
Only permanent employees receive worker’s compensation. Contractual labor does not fall under permanent employees and thus are not given the same benefits. This, however, in case of an accident, leaves them completely free to file a lawsuit against the employer under whose employment the accident occurred.