If you are injured at work in Illinois, workers’ compensation will normally cover your medical bills and some lost wages. Workers’ compensation laws allow workers who are injured on the job to recover compensation without having to file a lawsuit. However, this system also requires employees to give up their right to sue their employers for negligence.
Workers’ compensation is intended to protect workers who are injured or killed in the workplace. The Illinois Workers’ Compensation Act was passed in 1911. Employees gave up their general rights to sue their employers, but they were able to recover compensation for injuries more quickly. In general, the Act is the only way for employees to recover for job-related injuries. However, there are certain exceptions to that rule. For example, an employee may be able to sue an employer as a result of intentional conduct. In addition, a negligent third party may also be held liable for injuries.
Suing a Third Party for Negligence
Someone injured at work may be able to bring suit against a third party if the party’s negligence contributed to causing the injury. A third party is another person or organization—not your employer or a co-worker—that is partly responsible for causing the injury. Some examples of third-party claims are suing a manufacturer for a defective product, suing another person or organization working at the same site, suing a manufacturer for a toxic substance, suing the driver of another car, or suing the owner of the land where you are working.
If you are able to sue a third party, you may be able to recover compensation for non-economic damages that are not available in workers’ compensation claims. These can include damages for pain and suffering, psychological distress, lost earning potential, and punitive damages. Third-party claims can arise in many different settings.
Construction Worker Killed at Construction Site Outside Chicago
According to one news source, on April 5, a construction worker was killed and three others were injured at a construction site in suburban Chicago. On a bridge at Interstate 90, a 45-ton steel beam fell when workers were trying to remove it. The employer, Omega Demolition Corp. of Elgin, Illinois, is under investigation. As workers were cutting steel that was holding up the beam, the beam rolled from its support, hitting the workers. OSHA, the Occupational Safety and Health Administration, has officials looking into the accident.
Have You Been Injured at Work?
Accidents at work are all too common, and workers’ compensation may not cover all of your damages. If you have been injured at work, or if your spouse was injured or killed on the job, even if worker’s compensation kicks in, you may be able to sue a third party for negligence. To find out more about whether a third party may be liable, you should speak with an experienced premises liability attorney at Moll Law Group. Our Chicago personal injury lawyers have experience representing people who have been involved in accidents in the workplace. To learn more about your case, call us at 312-462-1700 or fill out our consultation form to set up a free initial consultation.
See More Posts:
Spring 2016 Moll Law Group College Scholarship Winner is . . ., Illinois Injury Lawyer Blog, April 18, 2016.
Recent Case Discusses How Settlement Terms Can Bar All Future Claims, Illinois Injury Lawyer Blog, March 1, 2016.
Court Considers Causation Issues in Defective Gun Case, Illinois Injury Lawyer Blog, March 8, 2016.