When Can You Sue for a Workplace Injury in Illinois?

 Posted on November 11, 2025 in Workers' Compensation

Generally, workplace injuries do not require a personal injury claim to recover compensation. More often than not, you can just file a workers’ compensation claim and get what you need. These cover medical treatment and a portion of lost wages. However, there are situations where you may be able to file a lawsuit instead of only using the workers' compensation system. Our Peoria, IL personal injury lawyers can help you understand your options.

Can You Sue Your Employer for a Workplace Injury in Illinois?

In most cases, you cannot sue your employer directly for a workplace injury. Illinois follows the Workers’ Compensation Act, found under 820 ILCS 305, which creates the "exclusive remedy" rule. This means workers' compensation is usually the only way to recover benefits from your employer.

There are two limited exceptions. You may be able to sue if your employer intentionally harmed you, or if the employer failed to carry workers' compensation insurance as required under 820 ILCS 305/4. These situations are uncommon and require clear proof. Most workplace-related lawsuits come from third-party negligence claims instead of claims directly against the employer.

When Can You Sue a Third Party for a Work-Related Injury?

A third party is someone other than your employer who contributed to the injury. For example, a driver who caused a car accident while you were driving for work could be sued. A contractor at a shared work site who ignored safety rules may be liable. A manufacturer may be responsible if a piece of equipment failed or malfunctioned.

In these cases, you may be able to file a personal injury lawsuit against the responsible party while also receiving workers' compensation benefits. A lawsuit can provide additional compensation beyond wage replacement and medical care.

How Is Pain and Suffering Handled in a Workplace Injury Claim?

Workers' compensation does not pay for pain and suffering. It only covers medical care and part of your lost income. This can leave you without full compensation if your injury affects your daily life or long-term health.

However, if a third party caused your injury, a lawsuit may allow you to seek pain and suffering damages. This can significantly increase the total amount of compensation you could receive, especially in cases involving permanent injuries.

Evidence Needed To Prove Negligence After a Workplace Injury

To succeed in a third-party lawsuit, you need evidence that shows someone failed to act safely or responsibly. Helpful evidence may include:

• Medical records showing your diagnosis and treatment

• Photos or videos of the scene

• Witness statements

• Incident reports or similar documents

• Safety or maintenance logs

• Expert evaluations of workplace conditions or equipment

The stronger the evidence, the more likely you are to prove fault and recover full compensation.

Schedule a Free Consultation With a Springfield, IL Workers’ Compensation Attorney

If you were hurt on the job, do not assume workers' compensation is your only option. Our experienced Peoria, IL personal injury lawyers at Kanoski Bresney can evaluate your case, identify any third-party liability, and guide you through the next steps.

Attorney Todd Bresney brings valuable insight from previously working at the Federal Trade Commission and the Cook County State’s Attorney’s Office. The firm’s team has over 100 years of combined experience, providing knowledgeable representation when you need it most. Call 888-826-8682 to contact a lawyer today and schedule your free consultation.