Legal Question in Personal Injury in Illinois

can employee sue for work related negligence ?

i was injured on the job ,in august 1998 i warned the company foremans and safty officer of a dangerous situation, no action was taken and my fears were ignored. january 1999 i had my primary thumb amputated in the exact spot that i had voiced concern about earlier. am i allowed under ill. law to sue my employer or those that i warned of a potential hazard for negligence ?


Asked on 4/08/99, 10:32 pm

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: can employee sue for work related negligence ?

Many states have laws that prevent you from suing the employer when you have had an on the job injury. The thinking is that you will be receiving workers comp benefits without having to prove fault, so you therefore get coverage (medical and weekly payments) and in return you give up the right to sue.

I CANNOT SAY WHAT THE LAW IS IN ILLINOIS.

You definitely should contact an attorney because there may be a way around the limitation and maybe a case against the maker of the machine that injured you.

Feel free to contact me. If I cannot help you directly, then I will try to get you to someone who can.

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Answered on 5/11/99, 9:24 am


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