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Can I Pursue a Third-Party Claim Following a Work-Related Injury?

June 4th, 2021 at 2:07 pm

Chicago-Workers-Comp-Attorney-Third-Party-injury-minPeople who are injured while working are usually entitled to receive workers’ compensation. These benefits are available whether a worker, their employer or other parties were at fault for an injury. To receive workers’ comp, a person will usually only need to demonstrate that their injury occurred while they were working or arose out of the work-related activities they performed.

While workers’ compensation will fully cover the costs of medical expenses related to an injury, other types of benefits may be limited. For example, disability benefits that address temporary or permanent restrictions to a person’s ability to work will only pay a percentage of the amount a person was able to earn before being injured, and workers’ comp does not address the pain and suffering a person experienced due to their injury. However, in some cases, an injured worker may be able to recover additional compensation by pursuing a third-party claim.

Third-Party Liability for Work Injuries

A third-party claim may seek to recover compensation from anyone other than the injured worker or their employer that was responsible for a work-related injury. These parties may include:

  • Negligent drivers – If a person was injured in a car accident while working, the driver who was at fault for the collision may be held liable for their injuries.
  • Product manufacturers – Injuries can occur because of defective tools or equipment, such as ladders or scaffolds that collapse, leading to falls. In these cases, a person may be able to pursue a product liability claim against a product’s manufacturer, distributor, or retailer.
  • Subcontractors – Construction accidents may occur because someone other than a worker or their employer failed to follow the proper safety procedures. In these cases, an injured worker can take legal action to hold a subcontractor liable for their negligence.
  • Property owners – A person may be injured while entering someone else’s property, such as when a utility worker is attacked by a dog when performing repairs. In these cases, a person may be able to pursue a premises liability claim against a negligent property owner.

By pursuing a third-party claim, a person may be able to receive compensation that would not be available through workers’ comp. The damages that can be recovered may address the full amount of income a person lost due to their injury, and a victim can also seek compensation for the physical pain and suffering and emotional trauma they have experienced.

Contact Our Cook County Work Injury Attorneys

If you have been injured while working, the Law Offices of Francis J Discipio can help you file a workers’ compensation claim and ensure you receive the benefits you deserve. We will also work with you to determine whether you can pursue additional claims against any third parties. We will help you identify all potential sources of compensation, ensuring that you will have the financial resources you need while recovering from your injuries. Contact our Chicago third-party claim lawyers at 630-574-2288 to set up your free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

 

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