Orland Park Workers Compensation Attorneys
Sometimes a workers’ compensation injury occurs because of another individual, a dangerous condition, a motor vehicle or a product on the job site. Oak Park third-party lawsuits seek to place responsibility on parties other than the employer – third parties who caused the condition or situation leading to the injury. Due to the number of contracted workers typically present on a job site, many construction accidents result in third-party claims.
Workers’ compensation attorneys know that an investigation is often necessary to establish third-party liability and ensure the accountability of all at-fault parties. A third-party lawsuit is filed in a civil court, rather than before the workers’ compensation commission, and both types of claims can be pursued simultaneously.
Oak Park Third Party Lawsuits
According to workers’ compensation laws, all employers must carry workers’ compensation insurance. In the event of an injury, employee claims for medical expenses are reimbursed, as well as a portion of regular wages, even when the injured party is responsible for the accident. The terms of workers’ compensation settlements prevent injured employees from including their employer, supervisors or co-workers in a personal injury lawsuit.
Third-party workers’ compensation claims can be filed against entities or individuals who do not work directly for the employer, including the following:
- Negligent subcontractors
- Mechanics or manufacturers of a defective machine or vehicle
- Landlords or property owners who neglect security or safety precautions
The expenses incurred in a work-related accident often exceed the sum that is awarded to the employee in a workers’ compensation claim. A financial award resulting from a third-party claim filed in civil court can substantially increase the amount recovered for an on-the-job injury.
The court considers costs of lost wages, future medical care, pain and suffering and lost quality of life in determining an award. In the case of a fatality, a family member can initiate a wrongful death action against the parties responsible.
If you have suffered a workplace injury as a result of the negligence or carelessness of a third party, you may be entitled to reparation in addition to your settlement. The attorneys at Cary J. Wintroub and Associates have successfully handled many third-party workers’ compensation claims in Illinois. To discuss your job-related accident with our workers’ compensation lawyers, contact us at (312) 726-1021 to schedule a free consultation.