When workers sustain injuries on the job, they often wonder what steps to take if someone other than their employer is responsible for their work injury. If a third party is responsible for your injury, you may bring a personal injury claim in addition to filing a workers’ compensation claim. This can help you obtain higher compensation.
If you’ve been injured due to someone else’s actions, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 to get help seeking compensation.
What Is Third-Party Liability in Work Injury Cases?
When a workplace accident occurs, third-party liability refers to a situation in which someone outside your employer is responsible. You and your employer are the first two parties. The third party could be anyone from a random individual to a subcontractor, property owner, manufacturer, or another business entity. While Illinois primarily relies on workers’ compensation for benefits related to work injuries, there are instances where you may pursue legal action against that third party.
Third-Party Liability Claims Are Separate from Workers’ Comp
A third-party liability claim is distinct from your workers’ compensation claim. If you’re an employee injured on the job, you have the right to receive workers’ compensation benefits. You will coordinate with your employer and their workers’ compensation insurance provider to access these benefits. They are available until you can return to work or, in cases of permanent disability, for the rest of your life.
While workers’ compensation benefits are valuable, they often fall short of covering all your lost wages and physical or emotional turmoil. Essentially, workers’ comp doesn’t always provide full compensation. To seek a complete and fair settlement, you need to hold the negligent party accountable through a third-party work injury lawsuit.
You can still receive workers’ compensation benefits even if you pursue a claim against a third party. Filing a personal injury lawsuit does not disqualify you from obtaining workers’ comp benefits. It may be worth it to get a personal injury lawyer, as they can help you with both types of claims.
Proving a Third-Party Claim
A third-party claim for damages falls under personal injury law. If a loved one has died due to a workplace accident, you would file a third-party wrongful death lawsuit. In both cases, establishing negligence is essential.
Duty of Care
To establish that a third party had a legal responsibility to act safely to prevent harm to you, you need to show the existence of a duty of care. This responsibility can come from various circumstances, depending on the context of the situation.
For instance, a subcontractor working on a construction site must ensure their practices don’t pose a threat to others. Likewise, property owners are obligated to keep their premises safe for individuals who have a legitimate reason to be there.
Breach of Duty
You’ll also need to demonstrate that this third party failed to fulfill their duty of care. This could involve negligence, such as poorly maintaining equipment, creating unsafe environments, for instance, a subcontractor leaving debris in walkways, or breaching safety regulations.
Causation
It’s necessary to establish a direct link between the breach of duty by the third party and your injury. Therefore, you need to prove that their actions or lack of action directly caused your accident and the injuries that followed.
Damages
Lastly, you have to show that you incurred actual damages due to the third party’s negligence. Commonly, this includes things like:
- Medical expenses (for past, present, and future care)
- Lost wages and diminished earning potential
- Pain and suffering
- Emotional distress
Your work injury attorney for third-party cases will present evidence regarding the unreasonable behavior of the third party. This could involve actions taken by them or their employees that a reasonable person would have avoided, or a failure to act when they should have. Such inaction may have led to the accident occurring.
Examples of Third-Party Liability in Workplace Injury Cases
There are several situations where a third party can be held liable for workplace accidents:
Subcontractor Negligence
In construction, if you’re injured due to a subcontractor’s negligence, you might file a claim against them or their employer.
Defective Products
If an injury occurs from faulty equipment or tools, you can pursue a product liability claim against the manufacturer or seller.
Vehicle Accidents
If a negligent driver causes an accident while you’re working, they could be liable for your injuries.
Construction Site Incidents
Multiple businesses often operate at one site, and you might get hurt due to another’s negligence.
Slip and Fall Accidents
If you fall due to a hidden hazard on someone else’s property, the owner may be responsible.
Defective Product Injuries
Injuries caused by a defective machine or equipment used at work may lead to claims against the manufacturer.
Hazardous Materials
Exposure to toxic substances due to another’s negligence could also result in injury claims.
Workplace Violence
Workplace violence is a significant concern, with 392 homicides and 37,060 non-fatal injuries reported in 2020 due to violence. If you sustained injuries from workplace violence, you may hold the person who caused them liable. This is one of the instances where suing a co-worker for injuries may be permitted.
How to File a Third-Party Work Injury Claim
Submitting a third-party claim following a workplace injury can be a complex legal undertaking. It typically necessitates a solid grasp of both personal injury law and the regulations surrounding workers’ compensation. Workers’ compensation lawyers can help you know what to do after a workplace injury.
Report the Injury
The initial action you should take is to inform your employer about your injury and submit a workers’ compensation claim. This is important because, in numerous states, there’s a deadline for notifying your employer about a workplace injury to be eligible for workers’ compensation benefits.
Investigate the Incident and Gather Evidence
You and your personal injury lawyer will conduct a comprehensive examination of the accident details to pinpoint the liable third party and understand what led to your injury. Gather all pertinent documents such as accident reports, medical records, witness accounts, and any proof regarding the negligence of the third party involved.
Identify the Third Party
To file a third-party claim, you need to identify who’s at fault, whether it’s another driver, a manufacturer, a subcontractor, or a property owner. A personal injury attorney can assist in investigating your injury and pinpointing the responsible party.
File a Claim or Lawsuit
After identifying the third party, your attorney will assist in filing a personal injury claim, which includes gathering evidence like medical records and witness statements to demonstrate their negligence. Claims are often settled through negotiation; however, if liability is disputed or offers are insufficient, you may need to file a lawsuit.
Negotiate a Settlement or Go to Trial
Many third-party claims are resolved outside of court, with parties agreeing on a compensation amount. Your attorney negotiates with the third party or their insurance for a fair settlement. If a reasonable offer isn’t made, the case may go to trial, where a judge or jury will decide on negligence and the compensation owed.
If you’ve been injured at work by a third party, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance in obtaining compensation through a personal injury claim.
