Suing Over a Work Injury in Illinois
When Illinois law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: An employee covered by the Workers' Compensation Act has no right to sue the employer, its insurer, or certain related safety-service organizations for a work injury or death other than through workers' comp benefits. 820 ILCS 305/5(a), 305/1.2
| Suing your employer | An employee covered by the Workers' Compensation Act has no right to sue the employer, its insurer, or certain related safety-service organizations for a work injury or death other than through workers' comp benefits. The Act allows a civil action against the employer when compensation would be barred by a period of repose. Read on ilga.gov on 2026-10-28. Source: 820 ILCS 305/5(a), 305/1.2 |
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| Suing someone other than your employer | If someone other than the employer is legally liable for the injury, the worker may sue that person even though workers' comp is paid. The employer is repaid the compensation paid out of the recovery (paying its share of costs and, absent another agreement, 25% of its reimbursement as attorney's fees) and has a lien on the recovery. The worker must notify the employer of the lawsuit by personal service or registered mail, and a settlement needs the written consent of both. If the worker has not sued by 3 months before the deadline, the employer may sue. Read on ilga.gov on 2026-10-28. Source: 820 ILCS 305/5(b) |
| If your employer has no workers' comp | According to the Illinois Workers' Compensation Commission, an employer that fails to carry workers' comp loses the Act's protections for the period of noncompliance, so a worker injured during that time may choose to sue the employer in civil court. Negligent failure to insure is a Class A misdemeanor for each day without coverage, knowing failure is a Class 4 felony for each day, and an uninsured employer may face a civil penalty of $500 per day (minimum $10,000) and citation fines of $500 to $2,500; if the employer knowingly failed to insure, the Commission may issue a stop-work order until it gets coverage. |
Where to get help in Illinois
More Illinois workers' compensation
- Filing a Workers' Comp Claim in Illinois
- How Much Workers' Comp Pays in Illinois
- Workers' Comp Settlements in Illinois
- Retaliation for Filing Workers' Comp in Illinois
- Appealing a Denied Workers' Comp Claim in Illinois
- All Illinois workers' compensation rules
FAQ
Can you sue your employer for a work injury in Illinois?
An employee covered by the Workers' Compensation Act has no right to sue the employer, its insurer, or certain related safety-service organizations for a work injury or death other than through workers' comp benefits. The Act allows a civil action against the employer when compensation would be barred by a period of repose.
Can you sue a third party for a work injury in Illinois?
If someone other than the employer is legally liable for the injury, the worker may sue that person even though workers' comp is paid. The employer is repaid the compensation paid out of the recovery (paying its share of costs and, absent another agreement, 25% of its reimbursement as attorney's fees) and has a lien on the recovery. The worker must notify the employer of the lawsuit by personal service or registered mail, and a settlement needs the written consent of both. If the worker has not sued by 3 months before the deadline, the employer may sue.
What if my employer doesn't have workers' comp insurance in Illinois?
According to the Illinois Workers' Compensation Commission, an employer that fails to carry workers' comp loses the Act's protections for the period of noncompliance, so a worker injured during that time may choose to sue the employer in civil court. Negligent failure to insure is a Class A misdemeanor for each day without coverage, knowing failure is a Class 4 felony for each day, and an uninsured employer may face a civil penalty of $500 per day (minimum $10,000) and citation fines of $500 to $2,500; if the employer knowingly failed to insure, the Commission may issue a stop-work order until it gets coverage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.