FAQs About Third-Party Claims for Work Accidents in Illinois

 Posted on February 25, 2022 in Workers' Compensation

Although some jobs are more dangerous than others, any profession comes with the risk of injury. An office worker may develop carpal tunnel syndrome from typing on a keyboard all day. A factory worker may suffer a deep laceration caused by faulty equipment.

Injured employees in Illinois are usually entitled to workers’ compensation. However, in some cases, an injured worker may be able to bring a personal injury claim against a third party. Third-party claims may be brought in conjunction with a workers’ compensation claim or in lieu of a workers’ compensation claim. Read on to learn more.

When Is a Worker Entitled to Workers’ Compensation?

Illinois employers are required to carry workers’ compensation insurance. If an employee is hurt while conducting work duties, he or she may be entitled to financial compensation through workers’ comp. The worker may be reimbursed for medical expenses and part of his or her lost wages. Illinois workers’ compensation is “no-fault.” This means that the employee does not have to prove that the injury was caused by the employer in order to qualify for compensation.

When Is a Worker Entitled to Compensation Through a Third-Party Claim?

Personal injury claims are fault-based. To successfully recover monetary damages through a third-party claim, you must prove that a third party’s negligent or wrongful conduct caused your injury. For example, if a delivery truck driver was injured in a collision caused by a drunk driver, the injured worker may be able to bring a claim against the drunk driver in addition to his or her workers’ compensation claim. Similarly, a construction worker who was injured by a defective air compressor may bring a third-party claim against the company that manufactured the defective air compressor.

Independent contractors are not typically eligible for workers’ compensation, however, they may still be entitled to compensation through a personal injury claim.

What Types of Compensation Are Available?

Workers’ compensation offers financial reimbursement for medical expenses and part of the injured workers’ income. Through workers’ comp, you may get compensation for expenses related to ambulance transportation, hospitalization, medication, doctor’s visits, medical devices, and other medical treatment as well as vocational rehabilitation needs. Depending on the nature of your injury, you may be entitled to temporary or permanent disability benefits. Usually, injured workers are entitled to 66 percent of their pre-injury pay rate.

Personal injury claims may offer the opportunity for greater financial recovery. Through a third-party claim, you may be entitled to compensation for your full lost wages, lost earning capacity, medical expenses, and non-financial damages for your pain and suffering.

Contact a Springfield Personal Injury Lawyer

If you were hurt in a work accident, contact the knowledgeable Decatur work injury attorneys at Kanoski Bresney. Call us at 888-826-8682 for a confidential consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf