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Grupo MedLegal® > Blog > Illinois > How to Know if You Can File a Lawsuit for Your Work Accident

How to Know if You Can File a Lawsuit for Your Work Accident

The state of Illinois is a “no-fault” state, in which workers who sustain accidents at work have the right to receive benefits through the Workers’ Compensation fund, regardless of who was at fault. The vast majority of workers qualify for this type of benefits if the accident occurred during the course of the work day, even if they are doing work for their company outside the state of Illinois.

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance was created for the good of everyone. This insurance guarantees that if you have an accident at work, after following the necessary steps, you will begin receiving payments almost immediately that are equivalent to 2/3 of your weekly earnings, considering the average of the last 52 weeks. However, you do not have the right to sue the employer. The law was created this way to guarantee that employers do not go bankrupt because of work accident lawsuits and affect the rest of the workers and the economy in general. At the same time, you receive payment for medical expenses and a portion of your check almost immediately.

Sue Your Employer for Dangerous Work Conditions

The state of Illinois together with the federal government has passed a series of measures and laws under the Occupational Safety and Health laws which require the employer to ensure that their employers work in a safe environment and that they are trained periodically and adequately for the use and operation of equipment and heavy machinery. Additionally, they must eliminate substances or materials that are known to be toxic if they are not part of the job description. If your employer fails to comply with these regulations and a worker sustains severe injuries or dies as a result, the worker’s close relatives may have the right to sue the employer for negligence.

Sue Third Parties for Accidents on the Job

On many occasions, work accidents occur as a result of malfunctioning or defective machinery or equipment. In cases such as this, you have the right to sue the manufacturer of the equipment or the company responsible for its maintenance. You can also sue third parties in cases such as these: the company that cleans your office mops the floor without warning that it is wet and you fall and sustain an injury or fracture. Or, you trip and fall on the lobby stairs at your workplace because they are damaged or broken, and you sustain an injury. People don’t realize that there are a great variety of instances in which third parties are liable for an accident. This type of lawsuit is the kind that offers the most remuneration for labor accidents.

The Importance of Contacting a Labor Accident Specialist Lawyer

It is very important that you contact a lawyer when you have a work accident. We, the accident doctors and lawyers at Grupo MedLegal, offer you a free consultation. We will review your case and explain the steps that need to be followed immediately. If your only option is to receive workers’ compensation benefits, we will help you fill out the information necessary to begin receiving your benefits. We will also assist you in writing the report that you must turn in to your supervisor, with a detailed description of where, how, and when you suffered an accident. Furthermore, we will explore all the possibilities to see if a third party was at fault. In this case, we will file a lawsuit as soon as possible to be able to preserve evidence and have access to documentation from your employer before it is discarded. Consulting a specialist lawyer as soon as possible is your best option.

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