Third Party Work Injury Claims in Illinois
You may have significant money coming to you in addition to your workers compensation claim from a third-party in Illinois. A Chicago work injury attorney is your best resource for determining whether there is potential for a third-party claim in your situation – contact one if you have not already. In addition to providing information about Illinois workers rights, they can help injured workers to understand specific parts of work injury law like third-party claims.
A third party is a party other than your employer who may have caused your injury. A manufacturer of defective or dangerous products, negligent operation of a motor vehicle, carelessness, or violation of a state or federal statute are all examples of conditions that may create the possibility for a third-party claim, in conjunction with a workers compensation claim. Third-party claims generally provide monetary damages that are greater in dollar amount than the workers compensation benefits that would be available for the same injury.
It is important to note that a third-party claim is separate from your workers’ compensation claim. If there was dual liability for a work injury, Illinois workers rights allow individuals to address that liability separately – once through a workers’ compensation claim (to address the employer’s liability) and also through a third party claim (to address negligence or liability on the part of an entity other than the employer). It is worth noting that it may be possible for your employer to file a third party claim even if you, as an injured employee, opt not to.
In order to determine whether a feasible third-party claim exists, prompt investigation and thorough legal research are necessary. Depending on the type of lawsuit and the identities of those responsible for the conditions from which the third-party claim arises, the time limits for filing a third-party claim may be longer or shorter than those that apply to the workers compensation claim, even though the two cases are based upon the same incident. The possibility that a third-party claim could arise out of a work injury is another reason why injured workers should promptly retain the services of an experienced Chicago work injury attorney.
Qualified Chicago work injury attorneys understand that injured workers are often overwhelmed by their medical condition and subsequent loss of work and income. As a result, individuals who have sustained a painful work injury are not primarily focused on their Illinois workers rights; rather, they are concerned with getting better and getting back to work. Most are not even aware that such a thing as a third party claim exists. It is imperative that if you are injured at work, you contact a qualified legal professional. They will be able to handle your workers’ compensation claim and third party claim, ensuring that the injured worker receives the maximum compensation possible for their injuries while keeping their primary focus where it should be – on their recovery.
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