Can I Sue the Person Who Injured Me?
In most situations, workers' compensation is the only source of recovery for a person who is injured in an accident at work. However, there are exceptions. At Cutler & Silverglade, our lawyers offer a free initial consultation to discuss your case and determine whether you can file a personal injury lawsuit against the person who harmed you. We represent injured workers in Indiana and Illinois.
You Cannot Sue Your Employer, but ...
Your employer may have been negligent and created an unsafe work condition that caused your injury. However, under workers' compensation law, you are barred from suing your employer or anyone who works for your employer for those injuries.
That said, many workplace accidents are caused by people who do not work for your employer:
- If you are injured by a dangerous product, you may be able to sue the company that manufactured or sold the product.
- If you are injured in a car accident that occurs in the scope and course of your employment, you may be able to sue the at-fault driver.
- If you are injured by another contractor's employee, you may be able to sue that contractor. (Construction sites will often contain multiple contractors who do not work for your employer. For example, site owners or general contractors may be liable for creating a hazardous condition)
These cases are often described as third-party claims, since the injury is caused by someone other than you or your employer.
What Compensation Can I Receive From a Personal Injury Lawsuit?
Our civil justice system allows you to recover full compensation against a third party for all of the damages you have suffered in an accident, including pain and suffering. Damages such as pain and suffering are not covered by workers' compensation.
Call Us Now and Get the Help You Need Today
To discuss your workers' compensation third-party claim case with a lawyer at Cutler & Silverglade, call 888-901-COMP (2667) or fill out our contact form. We serve injured workers across northern Indiana and Illinois. For your convenience, we offer free telephone consultations with an attorney.
