Can I File Both a Third-Party and a Workers’ Compensation Claim?

 Posted on January 05, 2021 in Workers' Compensation

Work-related injuries can happen for countless reasons. Some injuries are caused during a singular work accident while other injuries occur from repetitive movements over time. Falling from a great height, being struck by falling objects, equipment-related injuries, and other workplace injuries can lead to massive medical bills and other financial harm. If you or a loved one have suffered a work injury, you may be curious about your legal rights. You may already know that you are entitled to workers’ compensation for certain work injuries, but you may not know much about bringing a claim against a third party. If your work injury was caused by the negligent or wrongful actions of a party other than your employer, you may be able to sue that party for damages.

Bringing a Personal Injury Claim for a Work Accident

In the vast majority of cases, Illinois workers cannot sue their employers for negligence. If you are hurt on the job, you may file a claim for compensation through the workers’ compensation program. Workers’ compensation benefits in Illinois are used to reimburse an injured worker for medical expenses and lost wages caused by an injury. However, the amount of compensation available through workers’ compensation insurance is often insufficient and non-economic damages like pain and suffering are not included. If someone other than your employer caused your work injury, you may be able to bring a personal injury claim against him or her in addition to your workers’ compensation claim.

When Is a Third Party Responsible for a Work Accident?

A successful third-party claim may be possible if your work accident was caused by the negligent or harmful actions of a party other than your employer. The other party may be an individual, or it may be an entity such as a manufacturing company or a construction business. A third party claim may follow an on-the-clock injury caused by:

• A car accident, truck accident, pedestrian accident, or bicycle accident

• The negligent actions of a contractor on a construction site

• A product malfunction caused by defective manufacturing or design

• A slip and fall accident caused by property owner negligence

• Intentional physical violence

• The reckless, negligent, or malicious actions of a party other than your employer

Through a third-party claim, you may be entitled to compensation for your medical expenses, lost income, property damage, pain and suffering, mental distress, loss of quality of life, and other damages.

Contact a Decatur Workplace Injury Lawyer

If you or your loved one were injured at work, you may be entitled to compensation through a personal injury claim in addition to your workers’ compensation benefits. A skilled Springfield workers’ compensation attorney from Kanoski Bresney can help you identify any liable third parties, file a claim, and fight for the compensation you deserve. Call us today at 888-826-8682 to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820%c3%a2%e2%82%ac%c2%a0ILCS%c3%a2%e2%82%ac%c2%a0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.