When Does a Workplace Injury Become a Third-Party Lawsuit?

A lot can go wrong on a job. According to data collected by the Bureau of Labor Statistics (BLS), there were 2,488,400 nonfatal injuries and illnesses reported across the private industry sector in a single year. There were also 5,070 fatal injuries.

In many instances, workers’ compensation insurance provides coverage for medical bills and a percentage of lost wages for those injuries.

Can a workplace injury become a third-party lawsuit that is outside the boundaries of what workers’ compensation provides? Absolutely. When an injury is caused by a person or entity who is not an employee of the company you work for, it can become a third-party lawsuit.

In those scenarios, it will help to speak with a knowledgeable Peru work injury lawyer who understands workplace laws and has experience helping clients file workers’ compensation claims. The following is a helpful overview of workers’ compensation limitations and third-party claims, intended to clarify the issue.

Understanding the Limits of Illinois Workers’ Compensation

One of the most important aspects of Illinois workers’ compensation is that it is a no-fault system. If you were injured on the job, workers’ compensation will provide 100% medical coverage and around 66% reimbursement of average weekly wages while you recover.

That will happen regardless of fault.

It is important to note that the benefits provided by workers’ compensation aren’t automatic. You still need to go through a claims process and adhere to the following limitations:

• Statute of Limitations: Your workers’ compensation claim must be filed within 3 years of the injury or 2 years from your last paycheck from that job.
• Reporting Deadline: You must notify your employer of a workplace injury within 45 days of the incident, or you are at risk of losing benefits.
• Wage Limitations (TTD): Temporary Total Disability (TTD) benefits are generally 66⅔% of the average weekly wage. However, they are subject to maximum and minimum rates determined by state law.
• Permanent Partial Disability (PPD): PPD settlements are capped based on a maximum rate.
• Exclusions: If the workplace injury was caused by intoxication, drug use, or willful misconduct, it most likely will not be covered. 

Common Scenarios for Third-party Liability Claims

When a workplace injury is caused by a third party, it moves into the realm of a personal injury claim. There are many common scenarios where a third party can be held liable for what happens on the job.

Consider the following:

Contractors and Subcontractors

On any given job, there will be the core workforce directly hired by the company.

There will also occasionally be contractors and subcontractors who are also hired by not considered employees. If a subcontractor drove a van onto a worksite and accidentally struck an employee, it would be a third-party personal injury.

Manufacturers and Distributors

If it can be proven that an injury was caused by a defective tool or piece of equipment, that becomes an issue of product liability. With that scenario, the manufacturer and/or distributor of that injury-causing product can be named as a defendant in a lawsuit.

Property Owners

An injury can occur on a property that your company does not own. For example, you could be injured on broken stairs or on a wet floor that the property owner was supposed to repair. That becomes a premises liability action, in which the property owner can be held responsible for your injuries.

Vehicle Accidents

If you are driving as part of your work and get into an accident caused by another driver, that driver can be held liable for your injuries.

Equipment Maintenance Failure

Many worksites involve scaffolding that is installed by an independent contractor.

There may also be equipment maintained by a third-party mechanic. If that scaffold collapses or the equipment breaks, the parties in control of them may be liable for any resulting injuries. 

Benefits of Pursuing a Third-Party Personal Injury Lawsuit

You should not be expected to pay for medical expenses or lost wages when a workplace injury is caused by a third party. Pursuing a third-party personal injury lawsuit can provide broader damages coverage.

For instance, with a personal injury lawsuit, you are entitled to seek compensation for your pain and suffering, emotional distress, and loss of enjoyment of life that is related to the accident.

You would also be able to seek full reimbursement for all your lost wages, not just the percentage that workers’ compensation provides.

That could also apply to diminished earning capacity if you’re not able to return to your job because of the injury. It’s also important to note that a third-party claim can be pursued alongside a workers’ compensation claim. Essentially, your third-party lawsuit would “fill in” the gaps not provided by workers’ compensation.

In order to prevail in a third-party workplace injury lawsuit, you need the support of an experienced Peru on-the-job injury lawyer.

The attorneys at Schweickert Ganassin Krzak Rundio, LLP have helped many employees with their workers’ compensation claims and third-party lawsuits. That work involves forming a strong strategy that clearly identifies the at-fault parties. We also need to understand the full scope of your losses to negotiate the maximum compensation.

The priority in any workplace injury is to focus on your recovery. You shouldn’t be overwhelmed by financial burdens.

Call to schedule a free case review and get your questions answered about what should happen next.