How Is Third-Party Liability Addressed in a Workers’ Comp Case?

 Posted on November 23, 2020 in Workers' Compensation

If you are injured while working, you will typically be entitled to workers’ compensation benefits. These benefits will fully cover the costs of medical treatment for a work-related injury, and you may also be able to receive compensation for loss of income due to a temporary or permanent disability. Workers’ compensation will be available whether you or your employer were at fault for your injury. In addition to workers’ comp, you may also be able to pursue a third-party personal injury lawsuit against other people or organizations who were liable for your damages.

Reasons to Pursue a Third-Party Claim

Multiple parties aside from you or your employer may have been responsible for your work-related injury. For example, if you were injured in a car accident while working, another driver may have been responsible for the collision due to speeding or distracted driving. You may also be able to pursue a third-party claim against a manufacturer of defective tools that caused an injury, or a premises liability lawsuit may be filed against a property owner who did not properly address hazards in an area where you were working.

In many cases, a third-party claim can allow you to recover additional compensation that is not available through a workers’ comp claim. Disability benefits through workers’ compensation will only provide you with a percentage of the income you were unable to earn because of your injury. A third-party claim, on the other hand, may allow you to be fully compensated for all income you have lost while recovering from your injuries, as well as impairment to your ability to earn an income in the future.

While workers’ compensation will address the economic effects of your injury, a third-party claim can also allow you to pursue non-economic damages. These may include compensation for the physical pain you have experienced, as well as the emotional trauma you and your family members have suffered because of your injury. Non-economic damages may also address your loss of enjoyment of life or the loss of the companionship and support you would have been able to provide to your family members if you had not been injured.

Contact Our Aurora Workers’ Comp Lawyers

If you have been injured while working, the attorneys of Kinnally Flaherty Krentz Loran Hodge & Masur, PC can help you understand your options for receiving the financial compensation you need. We will help you file a workers’ compensation claim and ensure that you receive the benefits you deserve, and we will determine whether you can pursue additional compensation through third-party claims. Contact our Kane County work injury attorneys today at 630-907-0909 to set up a free consultation and learn how we can help you address your financial needs.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68