Can I Bring a Third-Party Claim in Addition to a Workers’ Compensation Claim?
Everyone deserves to work in a safe environment. Unfortunately, there is no way to completely prevent work accidents and injuries from occurring. If you were injured at work, you will most likely be entitled to some financial compensation through your employer’s workers’ compensation insurance. However, workers’ compensation is often insufficient. Depending on how you were injured at work, you may be able to bring a third-party personal injury claim in addition to your workers’ compensation claim. This may increase the amount of compensation that you can recover.
Types of Work Injuries That May Lead to a Third-Party Claim
A life-changing work accident can occur in the blink of an eye. Sometimes, work accidents are caused by the negligent or careless actions of an employer or another employee. Other times, work accidents are the fault of another party entirely. If someone other than your employer is liable for your injuries, you may be able to bring a personal injury claim against that party and recover compensation through a third-party claim. Third-party claims may be brought by employees injured by:
- Defective equipment or materials
- Hazardous materials
- Workplace violence
- Car accidents
- Slip and fall accidents
- Contractor or engineer negligence on a construction site
- A party’s failure to properly maintain equipment
- Property owner negligence
- Other instances involving unlawful or negligent actions
How is a Third-Party Claim Different From a Workers’ Compensation Claim?
In the majority of cases, Illinois employee are prohibited from suing their employer. However, compensation for injured employees may be available through the employer’s workers’ compensation insurance. Workers’ compensation is no-fault coverage which means that an injured worker does not have to prove that his or her employer acted negligently or violated the law in order to be entitled to compensation. Unfortunately, the recompense offered through workers’ compensation only covers a portion of an injured workers’ wages and does not provide compensation for non-economic damages like pain and suffering.
If another party’s actions caused or contributed to a worker’s injuries, the injured worker may be able to bring a claim against that party in addition to a workers’ compensation claim. However, to bring a successful claim against a third party, you must show that the party’s negligence or unlawful conduct led to your injuries. Your attorney can help you gather evidence that demonstrates the at-fault party’s negligence. Through a third party claim, you may be entitled to compensation for your lost wages, property damage, reduced earning capacity, pain and suffering, mental anguish, and more.
Contact an Orland Park Work Accident Lawyer
If you were injured on the job, you may be entitled to compensation through a third-party claim in addition to compensation through workers’ compensation. To learn more, contact an experienced Joliet personal injury attorney from Schwartz Injury Law. Call us at 708-226-9000 today and set up your free consultation.