Could an Sexual Harassment Claim Involve Workers’ Comp? | IL

 Posted on September 26, 2024 in Sexual Harassment

Recently in the news, a female state senator on the West Coast allegedly forced a former staffer/aide to perform sexual favors for her while she was his boss. The staffer is now claiming that this "relationship" left him suffering from back and hip injuries. The married aide claims he was pressured into sex acts while he traveled with the senator over a period of years and felt compelled to comply to protect his job.

The aide further alleges that he suffered a debilitating back injury after performing a sex act on the senator in a car, leaving him with a collapsed hip and three herniated discs. After using his injury to reject further advances, the aide claims the senator retaliated, sending him a disciplinary letter that included allegations of inappropriate behavior. Although both parties’ allegations, if true, clearly involve sexual harassment, could the injuries that resulted from the alleged harassment also be compensated under Illinois workers’ compensation?

Sexual harassment is a serious issue that demands a serious response. If you are facing sexual harassment in the workplace, you need a strong legal advocate. A Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you through the legal process as well as the emotional issues you may face.

What Are the Sexual Harassment Laws in Illinois?

Sexual harassment in Illinois is defined as unwanted, deliberate, or repeated sexual behavior that the other person does not want. Sexually suggestive objects, text messages, emails, magazines, or photos can also fall under sexual harassment. Sexual harassment in the workplace may include unwanted sexual advances, conduct of a sexual nature, or requests for sexual favors with the stated or implied suggestion that submission is a condition of employment. It may also be implied or outright stated that submission to or rejection of sexual harassment will be used to make decisions about a worker’s employment.  

Repeated acts of sexual harassment can create a hostile or offensive work environment and can interfere with the ability to complete job tasks. A charge of sexual harassment must be filed with the Illinois Department of Human Rights within 300 days of the date a worker believes the harassment took place. It is also advisable to contact an experienced sexual harassment attorney who can ensure the charges are taken seriously.

Could IL Workers’ Comp Be Responsible for Injuries or Harm Resulting from Sexual Harassment?

Workplace violence-related injuries are covered under IL workers’ compensation. However, certain nuances to this rule will determine whether a worker injured through sexual harassment could potentially file a workers’ comp claim. Workers’ comp only covers accidental injuries, defined as injuries that occur under unexpected or unforeseen circumstances.

Yet violence perpetrated by co-workers, supervisors, managers, or leaders does fall under workplace violence and injuries under workers’ comp rules. If one co-worker assaults another during a work argument, this would be considered accidental because it was unforeseen to the worker and his or her employer. Since a worker who experiences sexual harassment will be filing a civil sexual harassment suit for damages, any injuries sustained should be covered under this lawsuit. So, whether a workers’ comp claim could also be filed is probably unlikely, although not impossible.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you have faced sexual harassment, you need legal representation from an attorney who is knowledgeable regarding sexual harassment laws as well as compassionate and experienced. When you choose a Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC, you have taken an important first step toward ending the sexual harassment and beginning the healing process. MKFM Law will listen carefully and address your concerns honestly. Call 630-665-7300 to schedule your initial attorney meeting.