Can I file a lawsuit if I was hurt while working a construction job?

A lawsuit cannot be filed against an employer after an injury on the job. However, a suit can be filed against third parties. You need to know when a lawsuit is possible to avoid missing out on significant monetary damages.

Employers cannot be sued because the Illinois Workers’ Compensation Act establishes a workers’ compensation claim as the sole source of compensation available from an employer. Workers’ compensation benefits provide income but no payments for pain and suffering. A lawsuit against a third party allows a claim for non-economic losses, including physical pain, emotional distress or reduced quality of life.

Third-party lawsuits can be brought against manufacturers of defective machines, non-employer project managers and any third parties whose carelessness or wrongdoing caused or contributed to your construction accident.

Check our page on Product Liability Law to learn about laws applying to defective machinery.