Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B
I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.
A: Not likely. Company B's insurance would cover your injuries and time off from both companies. But you would most likely not be able to sue Company A.
A:
You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury cannot be sustained "in the course and scope of your employment" unless you are performing work that you reasonably believe will benefit your employer. There are exceptions such as the personal convenience doctrine that covers injuries sustained while having lunch were using the restroom on the employer's premises.
On your facts, you cannot claim a work injury with either company. There are critical details that you may not appreciate. I strongly suggest that you hire an experienced Worker's Compensation attorney to analyze the situation and to optimize your recovery.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
