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Woman suing employer after collapsing at work

An Illinois worker for a railroad company is claiming that she collapsed while waiting for another worker to fill her post after she fell ill at work, and now she is suing the company. The lawsuit was filed on June 2 in Cook County Circuit Court.

The woman claims that she was told by a supervisor at the Union Pacific Railroad Company that she would be replaced within two hours of making the call. After waiting that long, she said she left and ended up collapsing while walking down a flight of stairs. She is claiming that Union Pacific was negligent in failing to replace her within the time frame they said they would. The woman alleges that she injured her knee, neck and back in the fall and is suing for $75,000.

Workplace injuries are common and may cause an individual financial harm. While injured workers may be eligible for weekly cash benefits or medical insurance through their employer, they might not fully pay for all accident-related expenses. In choosing to file suit against her employer, the woman from this incident forfeited her right to file a workers' compensation claim.

When an individual seeks workers' compensation, doing so precludes them from seeking damages from an employer via civil litigation. However, an individual could seek damages on top of workers' compensation benefits in a suit filed against a potentially liable third party. An attorney experienced with employment law could help an injured worker with both filing a claim for benefits with an employer, as well as pursuing restitution from a third party.

Source: The Cook County Record, "Suit: Car operator who felt ill collapsed after waiting two hours for replacement", Matt Russell, July 08, 2014

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