What Is the Exclusive Remedy Rule in Workers’ Comp Cases?

 Posted on August 15,2024 in Workers' Compensation

If you sustain a work-related injury or become ill due to your employment, you can receive workers’ compensation benefits that cover your medical expenses and part of your lost wages. You may also qualify for disability benefits, and eligible survivors of workers who lose their lives may be able to obtain survivor benefits. However, these cases have restrictions, notably the exclusive remedy rule.

Workers’ comp claims in Illinois can be complex. A knowledgeable workers’ compensation lawyer from Rathbun, Cservenyak & Kozol LLC can help you overcome potential challenges to reach a successful resolution to your claim.

What Is the Exclusive Remedy Rule?

Employers are obligated to provide workers’ comp insurance for their employees. These benefits are active on the first day of employment, and you do not have to prove fault to receive them. However, the exclusive remedy rule is a key concept in these cases.

If you experience an accident or illness while performing job-related duties, you can receive workers’ comp benefits. However, accepting these benefits means that you typically cannot file a personal injury claim against your employer under the exclusive remedy rule. This rule states that the workers’ comp policy is your sole avenue for obtaining compensation in most cases.

As with most laws, there are some exceptions to the exclusive remedy rule. If you qualify, you may be able to pursue other means of compensation for your illness or injury.

What Are Exceptions to the Exclusive Remedy Rule?

Workers’ comp is a no-fault system. Specific circumstances that may apply to your case can allow you to obtain additional compensation through different types of personal injury claims.

• Uninsured Employers: If your employer does not maintain a workers’ comp insurance policy, you may be able to obtain compensation through a personal injury claim.

• Fraudulent Misrepresentation: When employers misrepresent safety conditions or intentionally conceal hazardous conditions, they open themselves to their workers filing lawsuits against them.

• Intentional Harm: If an employer harms a worker intentionally or allows and condones intentional harm by another employee, you may be able to bypass the exclusive remedy rule and file a civil action.

• Third-Party Claims: Many kinds of accidents, injuries, and illnesses can happen at workplaces. Employers and other employees are not always the responsible parties. Other potentially at-fault parties include employees of another company at your job site, equipment manufacturers, and drivers if you are involved in a motor vehicle accident in the course of your job. You may be able to file a third-party claim to obtain compensation.

If you qualify to pursue multiple claims, it is typically best for one attorney to handle all of them. At Rathbun, Cservenyak & Kozol LLC, we will investigate your claim, determine all available avenues for pursuing compensation, and help you get as much money as you deserve.

Contact Our Naperville, IL Workers’ Compensation Lawyers Today

As the largest and most diverse law firm in DuPage County, Rathbun, Cservenyak & Kozol LLC can handle both your workers’ comp claim and other potential personal injury claims allowed by exceptions to the exclusive remedy rule. Call us today at 815-730-1977 for your free consultation with our effective Joliet, IL workers’ compensation attorneys.