Legal Question in Workers Comp in Illinois
Can I file a Lawsuit with my employer?
I work at an Auto Dealership and I am a Porter there. I just turned 18. (Also, The whole dealership is under construction. Also, Porters clean and park cars.) The general manager came and told me and two other porters to get some gloves and come help pull guardrails out of the ground in the parking lot. (These are the same guardrails you would see going over a bridge) I hurt my back trying to pull these out, so i went to the doctor the next morning. He diagnosed me with a lower lumbar strain and I have been taking two different medications for it since. Also, I'm having a hard time bending over and sitting down. Can I sue my employer? I have witnesses that would testify, too. They were the other porters that were doing this same work with me.
2 Answers from Attorneys
Re: Can I file a Lawsuit with my employer?
I am an attorney in Chicago that handles only Workers' Compensation matters. You cannot bring a law suit against your employer for negligence (personal injury). However, you do have a claim against your employer under the Illinois Workers'
Compensation Act. You can collect TTD (money for the time you are off work), medical expenses and some money for the permanent injury that remains after all healing is done. If I can help you, please feel free to call me at my toll free number at 1-877-CompJoe (266-7563).
Re: Can I file a Lawsuit with my employer?
Based on the description you have provided, you have a valid workers' compensation claim. Workers' compensation benefits also generally include payment of medical bills and payment of wages (2/3) while you are off of work due to the injury. Please feel free to consult with a workers' compensation attorney to discuss your legal rights.
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