Third-Party Workers Compensation Claims
Filing a Lawsuit Against Accountable Parties In Addition to Receiving Workers’ Compensation
There are many instances in which an employee can be injured while on the job by a negligent third party. In such cases, the victim is able to receive workers’ compensation from his or her employer and may also see compensation from the negligent third party as well. Consider the following example: a truck driver is involved in an automobile accident with a negligent third party while making a delivery for his or her employer. The truck driver can obtain workers’ compensation from his or her employer and may further seek compensation from the negligent third party for other damages, such as pain and suffering.
What is Workers’ Compensation?
When a worker suffers from a work-related injury or develops a disease from his or her occupation, the employee may need to take time off to recover, but is still entitled to receive benefits and pay through workers’ compensation, regardless of fault. The Illinois Workers’ Compensation and Occupational Diseases Acts prescribes the rights and obligations for employees who have experienced work-related injuries or diseases, and also lays out the rights and obligations of the employers. The Act provides the following benefits to injured employees: medical care for the injury, temporary total disability benefits, temporary partial disability benefits during recovery if the employee is working light duty for less compensation, vocational rehabilitation for eligible programs, permanent partial disability benefits, permanent total disability benefits, and death benefits.
Under the law, the employer is responsible for the cost of workers’ compensation, and most employers opt to purchase workers’ compensation insurance for their employees. If an employee suffers an injury at work and reports that injury to his or her employer, yet the employer fails to pay enough benefits to the employee for the injury or fails to pay any benefit whatsoever, the employee may file a workers’ compensation claim with the Illinois Workers’ Compensation Commission, which is the State agency responsible for administering the judicial process to resolves workers’ compensation disputes between employees and employers.
Injured Employee Can Also Pursue A Negligence Claim Against Third Party
Even though an injured individual may be receiving workers’ compensation from his or her employer, he or she is still permitted to seek compensation from negligent third parties. The third party is not relieved of his or her accountability merely because the victim is already receiving some form of compensation for the accident from an employer. There may be damages from the accident that are not covered by workers’ compensation, and the victim is entitled to recover those damages from accountable third parties. A victim may seek damages such as pain and suffering, disability and disfigurement from the third party.
Contacting An Experienced Attorney
If you have been injured on the job and are in need of an experienced workers’ compensation attorney to resolve a disputed claim against your employer, or if you wish to seek personal injury damages from an accountable third party, you should contact the experienced attorneys at Willens Law Offices today for a free consultation. We can be reached online or by telephone at (312) 957-4166.