When you’re injured at work in Illinois, you might think workers’ compensation is your only option. But sometimes, there’s another way to get compensation: third-party claims. Let’s break down what this means and how it could affect you.

What Is Worker’s Compensation?

Worker’s compensation is a system that provides benefits to employees who get hurt on the job. It covers medical expenses and part of your lost wages. In Illinois, most employers must have this insurance.

Understanding Third-Party Claims

A third-party claim is different. A third-party claim involves suing someone other than your employer for your work-related injury. Although this person or company is not your employer, they did something that caused your injury.

Examples of Third-Party Claims

Let’s look at some situations where you might have this kind of claim:

  1. You’re a delivery driver hit by another vehicle while working.
  2. You’re injured by a faulty machine at work, and the machine’s manufacturer is to blame.
  3. You slip and fall at a work site caused by the client’s negligence.

In these cases of personal injuries, you might be able to file a claim against the other driver, the machine manufacturer, or the negligent client.

What Are the Most Common Third-Party Claims in Illinois?

Some of the most common third-party claims in Illinois include:

  1. Car accident claims against another driver’s insurance company.
  2. Construction site accidents involving subcontractor negligence.
  3. Workplace injuries that are caused by defective machinery or equipment provided by a manufacturer.
  4. Property damage claims for personal property in a vehicle during an accident.
  5. Claims for damage to specialty vehicle equipment or aftermarket modifications.

Why Consider This Kind of Claim?

You might wonder why you’d bother with a claim of this kind if you have worker’s comp. Here’s why:

  1. More Compensation: Worker’s comp has limits. A third-party claim might get you more money.
  2. Pain and Suffering: Worker’s comp doesn’t cover this, but a third-party claim might.
  3. Full Lost Wages: Worker’s comp only pays a portion of your lost wages. A third-party claim could cover it all.

How These Claims Work in Illinois

Under Illinois worker’s compensation laws, you can file a worker’s comp claim and a third-party claim at the same time. Here’s how worker’s compensation coverage typically goes:

  1. You get injured at work.
  2. You file for worker’s compensation.
  3. You identify a potentially responsible third party.
  4. You file a claim or lawsuit against that third party.

The Challenges of Third-Party Claims

While third-party claims can be beneficial, they’re not always easy. Common challenges to these claims include:

  1. Proving Fault: You need to show the third party was negligent.
  2. Time Limits: There are deadlines for filing these claims.
  3. Complex Laws: These cases can be legally complicated.

The Role of an Illinois Worker’s Compensation Attorney

Because third-party claims can be quite challenging, it’s often wise to get help from a personal injury attorney. An experienced attorney can:

  1. Identify potential third-party claims
  2. Gather evidence to support your case
  3. Navigate the legal process
  4. Negotiate with insurance companies
  5. Represent you in court if needed

What to Do If You Think You Have a Third-Party Claim

If you believe you might have a third-party claim:

  1. Report your injury to your employer right away.
  2. Get medical treatment and follow your doctor’s orders.
  3. Keep records of everything related to your injury.
  4. Don’t sign anything from insurance companies without legal advice.
  5. Talk to a worker’s compensation attorney who understands third-party claims.

Navigating workers’ compensation and third-party claims in Illinois can be complex. Understanding your rights and options is crucial. If you’re hurt at work, don’t assume worker’s comp is your only choice. A third-party claim might help you get the full compensation you deserve.

Experienced Illinois Worker’s Compensation Lawyers – Crosby & Crosby Law

Are you an injured worker who has been hurt on the job? Don’t navigate the complex world of worker’s compensation cases alone. Contact Crosby & Crosby Law today for a free consultation. Our experienced attorneys will explore all avenues for compensation, including potential third-party claims.

Let us fight for your rights and the benefits you deserve. Call us today or visit our website to schedule your initial free consultation.

Your path to recovery starts here!

← Back to Articles