Livonia, MI asked in Employment Law and Workers' Compensation for Illinois

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.

2 Lawyer Answers
Tim Rose
PREMIUM
Tim Rose
Answered
  • Workers' Compensation Lawyer
  • Lehi, UT

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.

Charles Candiano
Charles Candiano
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

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.

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