When Can a Third Party Be Held Liable for a Workplace Accident?

 Posted on November 22, 2022 in Workplace Accidents

Many people are injured while working every year. If you have been injured in a workplace accident, you may be aware that you can receive workers' compensation benefits. These benefits will cover your medical treatment, and they may also reimburse you for some of the income lost while you were recovering or because of a permanent disability. You will be eligible for workers' comp no matter whether you or your employer were responsible for your injuries. But did you know that in some cases, a third party can also be held liable for your workplace accident? In these situations, you may be able to pursue additional compensation from the liable third party, and this can help ensure that you will have the financial resources you need to make a full recovery.

Third-Party Liability for Work Injuries

There are numerous situations where a third party may have been partially responsible for a work-related injury, including:

• If you were driving during the course of your employment, and you were involved in a car accident, the driver or other parties who were responsible for the accident may be liable for your injuries.

• If someone other than your employer was contracted to perform work in the same area where you were working, and you were injured as a result of their negligence, they may be liable for the harm you have suffered. For example, if there is asbestos removal being performed at your workplace, and the proper safety measures were not taken to protect you from harm, the company performing the asbestos removal may be held liable for an asbestos-related illness.

• If you were visiting someone else's premises while working, and you were injured because of hazards on the property, the property owner may be liable. For example, if you were sent to someone's home to perform repairs, and their dog attacked you, the owner may be liable for your dog bite injuries.

• If you were injured by defective tools or equipment you used while working, the product manufacturer may be liable for your injuries.

In these or other situations where someone other than you or your employer was responsible for work-related injuries, you may be able to take legal action against that third party by filing a personal injury lawsuit. This may allow you to recover additional compensation that would not have been available through workers' comp. Disability benefits will usually repay you for around two thirds of the income lost because of work-related injuries, but a third-party claim may allow you to recover compensation for all of the past and future income you have lost. You may also be able to receive compensation for pain and suffering, which is not available through worker's comp.

Contact Our DuPage County Work Injury Attorneys for Third-Party Claims

If you have been injured while working, you will not only need to take steps to ensure that you receive the proper workers' compensation benefits, but you may also need to find out whether you have a case against a third party. At Kaiser Law, we have extensive experience handling work injury claims, including third-party liability cases. We can help you understand your best options for pursuing compensation, and we will fight to protect your rights and interests during your case. Contact our Elk Grove Village workplace injury lawyers today at 630-274-4400 to set up a complimentary consultation and get the legal help you need.

Source:

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