Chicago Employer Negligence Attorney
Don't Suffer Due to Employer Negligence
When you go to work, you assume that your employer is doing everything possible to keep you safe and healthy in the workplace. Sometimes, however, that is not true. Negligence that occurs during the work day may lead to minor injuries such as those that result from slips and falls, serious life-changing illnesses due to exposure to toxic substances, or even death. In addition to workers compensation protection under the law, when the negligence of another party results in injury or death, under some limited circumstances a civil lawsuit may also be filed against some parties.
If you or a loved one has been injured or suffered a serious illness due to the negligence of another, then do not suffer in silence. You deserve to have your rights defended. You have the right to file a claim against your employer and their insurance company at the very least. Call the experienced Chicago personal injury lawyers of Mitchell S. Sexner & Associates LLC today at (800) 996-4824. We can discuss your case and talk about your options.
What is Employer Negligence?
Negligence, in general, refers to situations in which a person is aware of a dangerous hazard or situation and fails to act in a reasonable manner in order to correct or repair that situation. When such negligence is directly responsible for another person's injury or illness, then there is sometimes a basis for a civil lawsuit in order to make sure that person is held liable for his or her actions.
Employer negligence, therefore, is when an employer is aware that a situation might cause illness or injury to one or more employees but fails to properly act in order to prevent it. This can include things such as an employer seeing that equipment is damaged or improperly maintained, employers failing to properly train employees in using dangerous machines or substances, or an employer allowing an intoxicated or overly tired employee to operate heavy machinery.
But Does Employer Negligence Affect Workers' Compensation?
The short answer is: no. In general, workers' compensation is paid out without regard to blame or liability. It does not matter if the injury was the fault of an employer, employee, or any other factor. There are some rare exceptions however.
When can a Civil Suit be Filed for an Injury During Work Hours?
As a general rule, almost never. Worker’s Compensation is the exclusive remedy when an injury occurs on the job. That means that in a typical work injury situation in which the injury arose out of and in the course of the employment, the worker may not personally sue the employer, but must file a claim through the workers compensation system. But there are a few rare exceptions, which depending on the claim, may or may not apply. These include intentional injuries by the employer, injuries that do not arise out of the work relationship, a products liability lawsuit against a machinery manufacturer / repairer, or a lawsuit against a third party such as another car driver who was at fault during an on-the-job vehicle accident.
OSHA Violations and Employer Negligence
While workers compensation liability does not depend upon a violation of OSHA rules and standards, there are situations where they can overlap. For example, there are strict OSHA policies regarding the containment, handling, and training of employees with regard to toxic substances and chemicals. If an employer fails to properly train an employee and does not provide adequate safety gear, that failure may be a clear OSHA violation. In that instance, the violation could also be described as employer negligence, and a report from an OSHA inspector can confirm the existence of such a violation.
Do not suffer because of your Employer's Negligence!
If you have been injured or become ill due to the negligence of your Chicago-area employer, then you might be able to file a civil lawsuit under some limited circumstances, in addition to any workers' compensation you claim. Call Mitchell S. Sexner & Associates LLC right now at (800) 996-4824 to talk about your case and discuss your rights.