Illinois Accidental, Wrongful Death in the Workplace

If death occurs while the decedent was on the job, the right to sue may change. Under the Illinois Worker’s Compensation Act, an employee who elects to take workmen’s compensation does not have a right to sue his employer for injuries occurring in the workplace covered by the act. If the decedent accepts workmen’s compensation and gives up his right to sue, beneficiaries or surviving relatives also cannot sue for wrongful death. 820 ILCS 305/5

If a person’s death on the job was due to the negligent actions of a third party, however, Illinois’ workmen’s compensation statute allows personal representatives to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workmen’s compensation through his employer. However, the employer may be entitled to part of any settlement.820 ILCS 310/5(b).

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, contact us now, CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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