Illinois Address:
423 17th Street
Suite 201
PO Box 3544
Rock Island, IL 61201
Phone: (309) 794-1660
Fax: (309) 794-1454
Iowa Address:
201 W 2nd Street, Suite 610
Davenport, Iowa 52801
Phone: (563) 323 5961 |
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| Rock Island, Illinois Attorneys practicing in Iowa primarily in Catastrophic Injuries, Medical Malpractice, Motor Vehicle Accidents, Nursing Home Accidents, Personal Injury, Trucking Accidents, Workers' Compensation, and Wrongful Death. Lawyers at Michael J. Warner Attorneys at Law are dedicated to serving their clients in Illinois and Iowa, including the cities of Rock Island, Davenport, Cambridge, Miorrison, Aledo, Galesburg, Muscatine, Iowa City, Mount Carroll, Galena, Oquawka, Peoria, Monmouth, Clinton, Bettendorf, Moline, East Moline, Silvis, Kewanee, and Geneseo, and the communities that make up Rock Island, Scott, Henry, Whiteside, Mercer, Knox, Muscatine, Johnson, Carroll, Jo Daviess, Henderson, Peoria, Warren, Clinton, Louisa, and Cedar counties. |
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| DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation. |
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| Workers' Compensation I Frequently Asked Questions |
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| Contact an Illinois workers' compensation lawyer representing clients in Davenport, Iowa today to schedule your free initial consultation. |
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| QUESTION |
| Can I Sue My Employer Instead of Filing a Workers’ Compensation Claim? |
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| ANSWER |
Generally, the answer is no. The system of workers' compensation benefits was established as a trade-off. Employees gave up the right to sue their employers in exchange for the right to receive workers' compensation benefits no matter who was to blame for their injuries. The law in most states requires most employers to carry workers' compensation insurance for the benefit of their employees. In exchange for carrying that insurance, employers don't have to worry about lawsuits from employees who are injured at work.
One exception to this general rule is that employees can sue their employers for any injury that resulted from intentional behavior on the part of the employer. This exception applies to employers who were intentionally seeking to harm an employee. Another exception is that employees may sue their employers for non-physical injuries, such as emotional distress or discrimination.
Additionally, in most states, employees can sue third parties that are responsible for their work-related injuries. For example, if an employee was injured be a piece of defective equipment, he or she may bring a lawsuit against the company that manufactured the equipment. In many states, an employee who is successful in a lawsuit against a third party may have to pay back their employer or their employer's insurance company for the workers' compensation benefits that they have paid out on the employee's behalf.
As an alternative, the employer or the insurance company may join in the lawsuit against the third party and try to obtain compensation for the cost of the workers' compensation benefits. If you think that you may have a claim against a person or company other than your employer, contact an experienced workers' compensation attorney to determine how to proceed. |
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| If you would like to schedule a free initial consultation, contact an llinois workers' compensation accident attorney, representing clients in Davenport, Iowa at the Michael J. Warner and Associates, e-mail us at info@mjwlaw.com . |
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