Employees who have suffered a life-changing injury may not be able to survive on the amount provided by Illinois workers’ compensation benefits. For this reason, it is a good idea to consider whether a third party could be held liable for the costs of your injury. If third-party negligence played a role in a work accident, an injury lawsuit could provide payment for permanent disability, income losses, and even the wrongful death of the worker.
Types of Third-Party Work Injury Lawsuits in Illinois
There are two notable differences between collecting workers’ compensation and suing a third-party. The first is that benefits provided under workers’ compensation are limited, while a third-party claim is not limited in the amount a victim can receive for pain and suffering and permanent losses. The second is that workers’ compensation is a no-fault system, meaning benefits are provided regardless of fault. In an injury case, victims will have to provide proof of negligence—and the percentage of their own fault may have a bearing on the amount of damages they receive.
That said, there may be several third parties who can be held liable in a work injury case, including:
- Product manufacturers. Injuries that were caused by defective equipment or components may qualify for a product liability lawsuit. Manufacturers or distributors of dangerous products can be held responsible if the products were poorly designed, badly assembled, or did not contain proper warnings to the user.
- Property owners. If you were injured while performing work at a location that is not owned or managed by your employer, you could be eligible for a third-party lawsuit against the property owner if he or she allowed a dangerous condition to exist on the property.
- Drivers. Work-related car accidents can occur if the victim is a professional driver (such as operating a taxi, truck, or limousine) or is performing a work-related task for the benefit of an employer. Employees who are injured in a crash may be able to file a car accident lawsuit against an at-fault driver.
- Independent contractors. If you were injured by someone at your workplace who does not have the same employer (such as an electrician on a job site or visiting guest at your workplace), you have the right to file a lawsuit against the person who caused your injuries in addition to filing a work accident claim.
If you suffered significant losses as a result of a work injury in Illinois, our attorneys can help you maximize the amount of available benefits. Contact Tapella & Eberspacher today at (217) 394-5885 or fill out our online contact form to schedule your free consultation.