Injured workers in Illinois ignore third-party claims that provide compensation outside the workers’ comp system when a party other than the employer is liable for a work injury. A third-party claim increases your financial recovery because it allows you to recover full compensation, such as lost wages, medical costs, and pain and suffering.
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Workers’ comp and third-party claims follow different legal processes. The Workers’ Compensation Act applies to workers’ comp claims, while personal injury law governs third-party claims. It’s crucial to retain a workers’ compensation attorney with a proven record of navigating both systems to better your odds of recovering compensation for the full scope of your losses. The attorney can investigate the case to determine all liable third parties, such as a negligent driver, contractor, or defective machine manufacturer.
If you suspect a non-employer entity may have contributed to your work injury, Ankin Law is your go-to legal partner. Our legal team boasts 100+ years of combined experience and knows how to ensure you file a successful third-party work injury claim. We will investigate the case to identify third parties that may also be at fault and develop an effective legal strategy to ensure you receive maximum compensation. Call us at 312-600-0000 to schedule a free case review.
What Third-Party Claims Do Injured Workers Commonly Miss?
A workplace injury survey revealed that there were 101,400 workplace injuries in Illinois in 2023. Many of these injured workers probably focused on their workers’ comp eligibility, and subsequently might have left money on the table by failing to pursue workplace accident compensation for injuries caused by third parties. Common third-party claims that injured workers often miss in Illinois include:
Car Accident Claims (for Traveling Employees)
Some occupations require workers to travel from one job site to another. Considering Chicago’s busy streets, you may get involved in an accident while on the job. If you sustain injuries because of another driver’s negligence, your claim goes beyond workers’ compensation. You have the right to file a car accident claim against the at-fault driver.
Construction Zone Injury Claims
Several contractors usually operate within the same construction site. In such busy work zones, safety hazards lurk almost everywhere. So, there’s a high likelihood of workers sustaining serious injuries. You may have grounds for a third-party claim if you were injured in a construction zone because of the negligence of a contractor who is not your employer.
Example: Let’s assume you are a construction worker employed by Company A. While doing your work duties, you get electrocuted by exposed wires. It turns out that the wires were managed by Company B’s electric crew. In that case, you can file a workers’ comp claim through your company. Additionally, you can file a third-party claim against Company B for negligence.
Defective Equipment Claims
Sometimes, workers sustain injuries because of defective equipment parts. In such an injury claim, the equipment manufacturer may be the liable party. Under Illinois law, you can file a third-party injury claim against the manufacturer.
Third-party claims involving defective product manufacturers can get complicated because several companies may be involved. Besides the manufacturer, the dealership or the shop responsible for its maintenance may also be liable. Liability disputes are bound to occur when multiple at-fault parties are involved. You don’t have to worry about all that if you are working with a seasoned third-party injury attorney.
Premises Liability Claim for Injuries Caused by Dangerous Property Conditions
Workers can also suffer work injuries due to hazardous property conditions. Property owners are legally mandated to maintain safe conditions within their buildings. Under Illinois premises liability law, building owners owe a duty of care to people entering their properties legally. A licensed plumber may suffer workplace injury because the landlord neglected that duty. For instance, if the parking lot’s floor conditions are unsafe, and a worker slips and falls, the owner may be liable. The owner should have known about the dangerous floor conditions and taken reasonable corrective measures or adequately warned visitors.
How Do Third-Party Claims Increase Compensation for Injured Workers?
The state-run workers’ comp system limits the compensation entitled to you. It pays for necessary medical treatments and offers financial support. Third-party claims, on the other hand, allow you to pursue intangible losses, such as physical pain, emotional distress, and decline in quality of life.
Workers’ compensation covers only around two-thirds of your lost earnings. A third-party claim, however, allows you to receive the full difference between your pre-injury wages and the partial benefits obtained from workers’ comp.
A third-party claim also expands the type of recoverable damages available to you. You can pursue compensation for necessary home modifications to accommodate your injuries and future loss of earning potential.
Workers’ comp holds only the employer financially liable for your injuries. A third-party claim, on the other hand, allows you to pursue monetary compensation from liable non-employer entities like negligent property owners, drivers, contractors, and manufacturers.
You can increase your compensation by pursuing both claims. A successful workers’ comp claim will give you money to cover your medical expenses and support your post-injury lifestyle. A successful third-party claim will give you a substantial settlement.
When Should an Injured Worker Contact a Third-Party Injury Attorney?
Injured workers should contact a third-party injury attorney immediately after an accident to protect their rights and best interests. The lawyer will conduct a meticulous investigation to determine other negligent third parties that may have contributed to your workplace injury.
The Illinois statute of limitations requires claimants to file claims within two years of the injury date. Hiring a lawyer soon after sustaining a work injury ensures you don’t miss the filing deadline. Remember, you will be ineligible to sue liable third parties if the statute of limitations expires unless you qualify for an extension.
Your claim may involve multiple defendants, who may try to shift liability to you or offer a lowball settlement. Having a lawyer on your side ensures liability is correctly apportioned to each liable party.
Injured on the job in Chicago, Illinois? You may have more options for recovering damages beyond workers’ compensation. Our lawyers at Ankin Law can assess your case, identify any third party that could have contributed to your accident, and help you pursue your rightful compensation. Contact us for a free consultation.
Frequently Asked Questions (FAQs)
What qualifies as a third-party claim after a workplace injury?
If a party besides your employer caused your injury, you can file a third-party injury claim. In other words, if negligent actions of another party caused your injury, you can file a lawsuit. Common third parties liable for work injuries include general contractors, subcontractors, property owners, and equipment manufacturers.
Can I file a third-party lawsuit while receiving workers’ compensation benefits?
Illinois laws allow you to pursue a third-party injury claim. Typically, the workers’ compensation benefits don’t fully cover all your damages. Filing a separate third-party injury claim gives you a chance to recover the full extent of your damages.
When should an injured worker contact a third-party injury attorney?
Injured employees should contact a third-party injury lawyer immediately after the accident. There may be a third party that has contributed partially to the injury. Hiring a lawyer ensures a timely investigation and collection of crucial evidence. What’s more, involving a lawyer as early as possible allows you to build a strong foundation for your case.
