Can I sue my employer for personal injury?

Personal Injury - October 20, 2025

If you’re hurt at work, you most likely will turn to workers’ compensation insurance instead of filing a claim against your company. Yet, you can sue your employer for a personal injury under some circumstances. Doing so requires a deep understanding of how workers’ compensation laws operate and what situations qualify for a lawsuit.

Below, a Chicago personal injury attorney with Horwitz, Horwitz & Associates answers the question, “Can I sue my employer for personal injury?” and what you need to know about the lawsuit process.

Can I sue my employer for personal injury

Do I have to file for workers’ compensation, or can I sue my employer?

Workers’ compensation insurance provides a way for companies to cover the injuries employees may experience without requiring those workers to show who is at fault. When you receive workers’ compensation benefits, it pays for your medical care and partial lost wages. This prevents unnecessary lawsuits that could bankrupt the company and gets you the care you need so you can get back to work.

If your employer offers workers’ compensation coverage, you must file your claim and complete the process to receive benefits. If you do so, you generally cannot sue your employer unless one of the following is true:

  • Your employer intentionally caused or contributed to your work-related injury or illness.
  • Your employer’s negligence (such as failing to adhere to OSHA standards) caused your job injury.
  • Your claim falls under the Jones Act for maritime workers or the Longshore and Harbor Workers’ Compensation Act (LHWCA) for dock workers.

While you don’t have to show who is to blame when you file a workers’ compensation claim, you must do so if you sue your employer. By partnering with skilled workers’ compensation lawyers, you have a better chance of successfully settling your benefits claim or personal injury lawsuit.

How do I know when it’s time to file a liability claim instead of a workers’ compensation claim?

These cases are very challenging and difficult to win. It will be up to your workers’ compensation attorney to advise you when it’s the right time to change tactics and file a personal injury case.

Under Illinois’ Workers’ Compensation Act, all employees are covered by their employer’s coverage when the employer is required to carry workers’ compensation insurance. You’re covered from the day you begin work, and you must use the workers’ compensation system to claim benefits. You must report your workplace injuries or illnesses in a timely manner, then complete the paperwork to submit your claim.

You can only file a personal injury lawsuit if the employer’s actions caused your injury or the insurance company refuses to pay your claim without merit. In the first instance, you can seek full compensation beyond what the benefits offer. In the second instance, you are suing the insurance provider instead of your employer.

What if a third party is at fault for my illness or injury?

Suppose an outside contractor or vendor is to blame for your injury. In that case, you have the right to file a personal injury lawsuit against that company or individual for full compensation of your medical treatment, all lost wages, and other related damages. In some instances, you may even be able to file this lawsuit while receiving benefits from your workers’ comp claim.

A third-party lawsuit allows you to pursue additional damages, such as those for your pain and suffering. A serious injury can leave you with emotional distress, permanent disability, and mental anguish, losses that workers’ compensation claims do not typically cover.

Contact us to learn more about your options as an injured worker in Illinois

At Horwitz, Horwitz & Associates, we offer over 100 years of service to injured individuals who need a strong legal champion. We take on your concerns and manage the hard work for you while you recover and get back to work. We do not rest until we get the compensation you deserve, so schedule a free consultation with a Chicago personal injury attorney by calling (800) 985-1819 today.