Can I Sue for Food Poisoning From a Catered Work Event?

 Posted on October 03, 2026 in Botulism

Food poisoning from a catered work event can result in more than one type of legal claim. Who is liable depends on who made the food unsafe and whether you were at the event as part of your job. You may have a workers’ compensation claim against your employer, a separate lawsuit against the caterer or restaurant, or both.

If you got sick after a work lunch, company meeting, or office party in 2026, our Illinois food poisoning lawyers can help you sort out which claims may apply.

Can You Sue Your Employer for Food Poisoning at a Work Event in Illinois?

In most cases, you can’t directly sue your employer in court for an injury that happened on the job. Illinois law makes workers’ compensation the only remedy against an employer for covered work injuries (820 ILCS 305/5(a)). In exchange, you don’t have to prove your employer did anything wrong.

If the meal was part of your job, such as at a required meeting or training, food poisoning may qualify as a work injury. Workers’ comp can then cover your medical bills and part of your lost wages while you recover.

Does Workers’ Comp Cover Food Poisoning at a Company Event in Illinois?

Whether workers’ comp applies may depend on whether you had to be there. Under 820 ILCS 305/11, injuries during voluntary recreational programs, such as parties and picnics, don’t count as arising out of your employment. This is true even if your employer paid for the event. Whether attendance was taken and whether work happened at the event might be relevant to a workers’ comp claim.

However, that exclusion does not apply if your employer ordered or assigned you to participate. If workers’ comp does not cover the illness, you may still have a claim against whoever prepared the food.

Can You Sue the Caterer for Food Poisoning from an Illinois Work Event?

Workers’ comp only limits claims against your employer. You can still sue a third party whose negligence caused your illness, even if you receive workers’ comp benefits. For a catered event, that’s usually the caterer or the restaurant that made the food. In some cases, a supplier to the restaurant may also share responsibility.

A caterer may be responsible if they:

• Kept food at unsafe temperatures during delivery or setup
• Left food sitting out too long during the event while continuing to serve it
• Undercooked meat, poultry, or eggs
• Let sick or unhygienic workers handle food
• Cross-contaminated raw food with prepared dishes

A lawsuit can seek damages that workers’ comp doesn’t pay, such as pain and suffering and your full lost wages. If you recover money from the caterer, however, you’ll generally have to repay your employer at least some of the cost of the workers’ compensation you received.

How Do You Prove a Catered Meal Made You Sick at a Work Event?

Linking an illness to a specific meal is often the hardest part of a food poisoning case. Keep track of whether anyone else got sick after a work event, which can be strong evidence that that is where the food poisoning came from.

See a doctor and ask about a stool test to identify the specific bacteria or virus behind your illness. Write down what you ate, when your symptoms started, and who else got sick. Report the illness to your local health department, which may investigate the caterer. Save the event invitation, the menu, and any communications that name the caterer.

Tell your employer about the illness in writing as well. Illinois requires notice of a work accident as soon as practicable and no later than 45 days after it happens. A separate personal injury lawsuit against the caterer must usually be filed within two years (735 ILCS 5/13-202).

Call an Illinois Food Poisoning Lawyer Today

A catered work event can leave you with a workers’ comp claim as well as a lawsuit against the caterer or their suppliers. Our Illinois personal injury attorneys focus on food poisoning cases and can help you figure out which claims fit your situation.

We’ve recovered millions of dollars in verdicts and settlements for people harmed by contaminated food, including clients who were hospitalized and later recovered fully. Call Newland & Newland, LLP at 312-981-0409 today for a free consultation.