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Will County workplace accident attorneysAccidents can and do happen on the job, regardless of the occupation or workplace environment. According to Illinois law, if you are injured at work, you can file a workers’ compensation claim. This claim means you cannot sue your employer for an injury you suffer performing your job, even if your employer’s negligence caused your injury. Alternatively, when someone else who is not your employer is at fault for your work-related injury, you may sue him or her for wages lost or medical bills caused by his or her negligence. These types of claims against an individual or another company that caused a workplace injury are called “third-party claims.”

Understanding Third-Party Liability

Illinois has a no-fault workers’ compensation system, meaning it does not matter if the employer or employee is to blame for the injury. If an employee suffers a serious injury at his or her workplace in Illinois, he or she can file a workers’ compensation claim with the Illinois Workers’ Compensation Commission. Benefits can include temporary or permanent disability payments, as well as coverage for medical bills and lost wages.

Workplace injuries can also occur due to no fault of the worker or the employer, but instead because of another person’s or entity’s actions or inactions. Under these circumstances, the injured employee can file a liability lawsuit against the at-fault third party and seek damages. Compensation can be for lost wages if the employee cannot return to work for a period of time, and also medical costs, disability, disfigurement, in addition to pain and suffering. In some cases, it may be appropriate to file both a workers' compensation claim and third-party lawsuit.

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