You may be able to file a third-party lawsuit after a workplace injury when someone other than your employer contributed to the accident. Illinois workers’ compensation generally covers qualifying work-related injuries without requiring that you prove your employer was at fault, but a separate claim may be available against another responsible person or company.
The workers’ compensation lawyers at Sklare Law Group can examine how your injury happened and which legal options apply. Based in Chicago, IL, this family-founded firm’s partners have more than 50 years of combined experience.
How Is a Third-Party Lawsuit Different From Workers’ Compensation?
Workers’ compensation and third-party claims involve different types of legal responsibility. In most Illinois workers’ compensation cases, you don’t have to show that your employer was negligent. The tradeoff is that employees usually can’t sue their employer for damages arising from a covered workplace injury.
A third-party lawsuit is different because it claims that someone outside the employer-employee relationship caused or contributed to your injuries through negligence or another form of legal liability.
For example, a potential third party could include:
- A driver who causes a crash while you’re working
- A subcontractor responsible for unsafe conditions on a job site
- A property owner whose negligence contributes to an accident
- A company responsible for defective machinery or equipment
- Another business whose negligence contributed to the accident
The facts of the accident determine whether another party may be liable.
Can You Receive Workers’ Compensation and Pursue a Third-Party Claim?
In some situations, yes. Illinois law allows an injured employee to pursue a claim against a legally responsible third party even when workers’ compensation benefits are also payable.
The two claims can cover different losses. Workers’ compensation may pay for necessary medical treatment, a portion of lost wages, and certain disability benefits. A third-party personal injury case might seek other damages permitted under Illinois law, depending on the circumstances.
There can also be reimbursement issues between the workers’ compensation case and any third-party recovery. Illinois law generally gives the employer a right to reimbursement from a third-party recovery for workers’ compensation benefits paid or payable.
Why Identifying Third Parties Matters After a Work Injury
It isn’t always obvious that someone outside your employer played a role in the accident. Construction sites, delivery routes, warehouses, shared workplaces, and other job settings can involve several companies or individuals at the same time.
Reviewing contracts, accident reports, photographs, equipment records, witness accounts, and other evidence helps determine who was involved. Identifying each potentially responsible party early also helps preserve your legal options while applicable filing deadlines are still open.
Discuss Your Workplace Injury With Sklare Law Group
A work accident can involve more than a workers’ compensation claim, particularly when another person or business contributed to what happened. Sklare Law Group helps individuals in the Chicago, IL, area evaluate workers’ compensation and related personal injury matters. To discuss your situation, contact us or call 312-759-1616.
