Do I have to sue my employer for Workers’ Compensation benefits?
When you are injured in a work-related accident, you may be under the impression that Workers’ Compensation benefits are the only way to receive payment for your expenses. Workers’ Compensation benefits don’t include non-economic damages, such as mental anguish, pain and suffering, or punitive damages. You may be able to receive more money for your injury, depending on what caused it. In fact, there are many ways of getting compensation outside of Workers’ Compensation that may apply to your situation. Here are instances in which you could seek an alternative to filing for Workers’ Compensation benefits:
Defective Products
If you were injured by a defective product at your place of work, and the manufacturer of the product knew about the dangers or didn’t properly warn your employer of the dangers, you may be able to file a lawsuit against the manufacturer. Cases involving injuries from defective products will only be considered if you can prove that you were using the product in the intended manner, it was in like-new condition, and an unreasonably dangerous defect directly caused you injuries.
Injured by a Third Party
If you were injured by the negligence of another person while working, you may have a personal injury case against that person. An example of this is if you are employed as a delivery driver and you get injured in an accident while on the job, you can file a personal injury claim against the driver who injured you.
Toxic Substances
If you sustained an injury due to a toxic substance, and that injury was immediately apparent, it is called an acute injury. This could be a chemical burn or an illness. An injury that was caused by work but appeared later is a latent injury. Examples of latent injuries may be diseases or cancers. It can be more difficult to prove that latent injuries were actually caused by your work, but a lawyer from Spiros Law, P.C. can help. Toxic substance injuries can be devastating, and you deserve justice.
In addition to these alternatives, it may also be possible to receive funds through government disability programs like Social Security Disability Insurance, or SSDI, if your injuries prevent you from working for an extended period of time. Additionally, if you believe you are working in an unsafe environment and fear for the safety of yourself and your coworkers, you can file a complaint with the Department of Labor’s Occupational Health and Safety Administration. Unsafe work environments will only continue to cause injuries if they’re not properly dealt with. In the state of Illinois, employers are required to follow federal regulations on workplace safety.
If you would like to know more about how this information can apply to your case, don’t hesitate to call Spiros Law, P.C. at (815) 929-9292 or send us a message for a free consultation.
