Workers' Compensation FAQs
1. Do I receive workers’ compensation benefits from my employer?
A. Yes. Every employer in Illinois is responsible for responsible for providing workers compensation benefits under the Illinois Workers’ Compensation Act.
Benefits are paid through an insurance policy purchased by the employer or through a self-insured fund.
2. Are all Illinois workers covered under the Illinois Workers’ Compensation Acts?
A. Most Illinois workers are covered under the Illinois Workers’ Compensation Act. The only exception to this is if you are an independent contractor (There are various factors taken into consideration when determining whether a worker is a “true” independent contractor. It is best to consult with an attorney who can determine whether or not you would be considered an independent contractor under the Illinois Workers’ Compensation Act.)
Other workers covered under the Illinois Workers’ Compensation Act include those workers hired in Illinois but injured while working in another state or those workers who were injured while working in another state and their employer’s principle place of business is in Illinois.
3. Are all types of work-related injuries covered by the Illinois Workers’ Compensation Act?
A. Any injury “arising out of and in the course of their employment " is covered.
4. Are work-related repetitive stress injuries such as carpal tunnel syndrome, covered under the Illinois Workers’ Compensation Act?
Any worker who develops a work-related repetitive stress injury would be covered.
5. Will I be able to receive workers’ compensation benefits if I re-injure myself or if I suffer an aggravation of a pre-existing condition?
A. If you re-injure a previously injured part of your body in the course of your employment, you are covered under the Illinois Workers’ Compensation Act. This also includes an aggravation of a pre-existing condition.
6. What if my injury causes scarring or disfigurement?
A. If your injury results in a permanent scar or disfigurement, you would still be entitled to benefits under the Illinois Workers’ Compensation Act if the scarring or disfigurement is to the head, face, neck, arms or legs. However, your claim cannot be resolved for at least six months after the scarring or disfigurement has occurred.
7. Can I see my own doctor or do I have to be treated by a company doctor?
Under the Illinois Workers’ Compensation Act, you are entitled to receive “100% off all reasonable and necessary” medical treatment from two doctors of your own choosing. These include first aid, emergency room services, hospital care doctor's fees, prescriptions, etc.
Additionally, if one of your two physicians refers you to another doctor, the insurance company is responsible for payment of any related medical expenses. Referral to another doctor by your first two choices is commonly known as “a chain of referral.” If you stay within this chain of referral, any treatment received will be covered. If you go outside the chain of referral and see a third doctor, you will be responsible for any resulting medical expenses.
8. Does the Illinois Workers’ Compensation Act pay benefits while I am off work?
The Illinois Workers’ Compensation Act provides for a lost wage benefit known as Temporary Total Disability (T.T.D.) T.T.D. benefits are paid while you are off from work.
Under the Illinois Workers’ Compensation Act, T.T.D. benefits should be paid within the first two weeks that you are off work. You will not be paid T.T.D. for the first three days that you are off work unless you remain off work for more than fourteen days. Again, you must be off work pursuant to your doctor’s orders.
T.T.D. benefits are equal to two-thirds (2/3) of your gross week wage. It is based on average of your wages that were paid to you in the fifty-two weeks prior to your accident date.
9. What should I tell my doctor about my accident?
A. It is very important to provide all your treating doctors with a complete and accurate history of your accidents. Any inconsistencies in your histories will raise a red flag with the insurance company and could result in your claim being denied.
10. Am I entitled to a settlement for my injuries?
A. Yes. The Illinois Workers’ Compensation Act provides for Permanent Partial Disability benefits if your injury is permanent in nature. This is in the form of a Lump Sum Settlement or an award from an arbitrator.
The amount of a settlement is based on your Permanent Partial Disability rate which is sixty percent (60%) of your gross weekly wage and the extent of the permanency of your injury. Several factors are taken into consideration when determining what a fair settlement would be for your injury.
We recommend consulting with an experienced workers’ compensation attorney who can help you in recovering the largest settlement possible for your injuries.
Note: It is not uncommon for the insurance company to tell you your claim is closed once you have returned to work and are no longer receiving medical treatment. If you have not signed Lump Sum settlement contracts or have not had a hearing before an arbitrator, your claim may still be open.
11. What if I am is unable to go back to my regular job and I have to take a lower paying job?
A. If you injury keeps you from going back to your regular job and you have to accept a lower paying job, you could be entitled to wage differential benefits. These benefits amount to two thirds (2/3) of the difference between what you were earning before your injury and what you are earning with your new job.
12. What if my doctor says I am unable to do any type of work?
A. Under the Act, you would be entitled to receive P.T.D. benefits which equal sixty-six and two-thirds (66-2/3) of your gross weekly wage, for the rest of your life or until such time that you are able to return back work.
13. Does the insurance company have to retrain me if I can’t go back to the work I was doing before my accident?
A. The Illinois Workers’ Compensation Act provides that if you are unable to return to the type of work you were doing before your accident, the Workers' Compensation insurance company may be responsible for providing you vocational rehabilitation to retrain you for a new job. The insurance company may also be responsible for paying you “maintenance” benefits during the rehabilitation period. These benefits would be equal to your T.T.D. rate.
14. What death benefits are provided under the Illinois Workers’ Compensation Act?
A. The Illinois Workers’ Compensation Act provides for a death benefit which is paid to the widow(er) and or the worker’s dependent children. Additionally, if it is determined that the worker was financially responsible for non-related dependents, these dependents may also be entitled to receive death benefits.
The maximum death benefit is $500,000 or twenty-five years of the worker’s T.T.D. rate which is greater.
15. Do I have to tell my employer that I was injured on-the-job?
A. You must report your injury to your employer (or anyone in a supervisory position),within forty-five (45) days of your accident. Notification to your employer can be either oral or written. Although the Illinois Workers’ Compensation Act allows forty-five days (45), we recommend that you report your accident as soon as possible.
If your employer requires you to complete an accident report form, make sure all the information in the report is correct. Never sign a blank accident report from.
16. What is the Statute of Limitations for filing a Workers' Compensation claim?
A. An Application for Adjustment of Claim form must be filed with the Illinois Workers’ Compensation Commission within three (3) years of the date of your accident or within two (2) years of the latest payment of compensation, whichever of these dates is later.
An Application for Adjustment of Claim form can be filed by either you or your attorney. If the form is not filed with the Illinois Workers’ Compensation Commission within the Statute of Limitations, you will lose all your rights and benefits under the Illinois Workers’ Compensation Act.
Note: Completing an accident report form for your employer is not considered filing of a claim.
17. Do I have to give a recorded statement to my employer or its workers' compensation insurance company?
A. You do not have to give a recorded statement to your employer or the workers’ compensation insurance company in order to receive workers’ compensation benefits. Never give a recorded statement to the insurance carrier without having an attorney involved in the recording of the statement to properly counsel you on what to say and what not to say. These recorded statements are taken for the benefit of the insurance company and is often times used to deny your claim.
18. I received forms from the workers' compensation insurance company that require my signature. Should I sign them?
The insurance company may ask you to complete an accident report form or questionnaire. Make sure that all the information contained in the report is accurate before signing the report.
It is common for the insurance company to send you a medical authorization form to sign so that they can request your medical records from your doctor. Often times these medical authorization forms contain language that allows the insurance company to request medical information in your file such as psychiatric treatment, substance abuse treatment and HIV treatment. The insurance company IS NOT entitled to this information. This language should be stricken from the authorization prior to signing.
Any other documents signed by you, no matter how harmless they appear, could adversely affect your rights and benefits under the Act.
An experienced attorney can best advise you on what if any documents you should be signing.
19. Do I have to be examined by an insurance company doctor?
A. Your employer’s worker’s compensation insurance carrier is entitled to have you examined by its doctor at its expense. The examination must be at a “reasonable time and place.” Failure to appear for an examination could result in the insurance company stopping or denying your workers’ compensation benefits.
Note: You are only required to submit to an examination by the insurance company doctor. You do not have to be treated by them.
20. Do I have to cooperate with the insurance company’s rehabilitation nurse?
A. You are not legally required to cooperate with the rehabilitation nurse assigned to your case. However, if you are receiving benefits, it is highly recommended that you do so. Failure to cooperate with the rehabilitation nurse could result in the insurance company stopping payment of your benefits.
This does not mean that the nurse has unlimited access to you and your doctor. The nurse should never be in the room when you are being examined by your doctor. The nurse should never have a conversation with your doctor without you being present. The nurse should provide you with copies of any reports that are submitted to the insurance company.
Remember, the rehabilitation nurse was hired by the workers’ compensation insurance company to medically manage your claim. Any statements made by you to the nurse are reported to the insurance company. Such seemingly innocent statements could adversely affect your claim as well as any potential Third Party case.
21. What can I do if the insurance company is denying my claim?
A. If the insurance company is denying your claim, you can have your claim heard by an arbitrator of the Illinois Workers’ Compensation Commission. At this hearing you will be able to present medical evidence, witness statements and any other documentation in support of your claim.
A hearing is considered a legal proceeding. It is something that you should not handle without the assistance of an attorney. The insurance company will be represented by an experienced workers’ compensation attorney. You will be at a huge disadvantage if you do not have an attorney representing you.
22. Can I apply for unemployment benefits if I am not receiving workers’ compensation benefits?
A. When applying for unemployment benefits, you must state, in writing, that you are capable of working. This statement is contrary to your claim for workers’ compensation benefits in which you are stating that you are unable to work due to your injury.
Recent decisions by the courts recognize the financial difficulties an injured worker faces when they are not receiving T.T.D. benefits under the Act. They have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from receiving workers’ compensation benefits. It is advisable that you consult with an experienced workers’ compensation attorney prior to applying for unemployment benefits.
23. Should I file for Social Security Disability benefits as a result of a work-related injury?
A. Yes. If you are unable to work and your disability will continue for one year or more, you may be eligible for Social Security Disability benefits.
If your initial claim and subsequent reconsideration are denied by the Social Security Administration, the next step in the appeal process would be to request a hearing before a Social Security administrative law judge. It is advisable to retain an attorney who handles Social Security Disability claims to assist you with your appeal. Attorney’s fees are paid only when you receive an award by the Social Security administration.
24. Should I put my medical bills through my group health insurance?
A. Your employer may encourage you to put your claim through your group health insurance instead of their Workers’ Compensation insurance. Please consider the following:
IMPORTANT : While we do not recommend that you receive treatment under group health insurance, we understand that it is sometimes necessary in order to receive the medical treatment you need. If you must process your treatment through group health insurance, DO NOT sign anything that says your claim is not worked- related. Also, keep a record of any out-of-pocket expenses such as co-pays. You may be entitled to reimbursement of these expenses once your claim has been accepted by your employer’s workers’ compensation insurance carrier.
25. Can my boss fire me filing a claim for workers' compensation benefits?
A. No. The Act provides that it is unlawful for any employer or its Workers' Compensation insurance company to interfere with, coerce or discriminate against any injured worker, in any manner, whatsoever, for exercising their rights to obtain any or all of the benefits provided for by the Act.
Additionally, if it can be proven that an employer fires or forced to resign any injured worker in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in the Circuit Court. This type of lawsuit is referred to as a " Retaliatory Discharge " lawsuit which could result in substantial damages against the employer.
27. Will Workers’ Compensation pay my union dues, health insurance, or other benefits?
A. No. Unfortunately, the Act does not provide monies to the worker for any of the above mentioned benefits.
28. I’m not happy with my attorney. Can I change attorneys? Will I have to pay more than a twenty percent (20%) attorney's fee?
A. If you are unhappy with your current attorney and would like to retain a new attorney, you will not have to pay any more than twenty (20%) in attorney’s fees. It will be up to your new attorney to resolve any fee issue with your old attorney and to pay your old attorney. You will never pay more than twenty (20%) in attorney’s fees.
29. What is a Third Party case?
If it is established that someone other than your employer was responsible for your injury, you may have a third party lawsuit against the responsible party.
The most common types of third party cases occur on construction job sites. For example: A carpenter trips over debris and falls injuring himself. If another sub-contractor or the general contractor has the responsibility of keeping the job site clean of debris and it is not, then they are legally responsible for causing the carpenter’s injury. They are the third party.
Another example of a third party case is a worker injured while using defective tools or equipment. These types of third party cases are known as “Products Liability” cases. A lawsuit could be filed against the manufacturer of the defective tool or equipment.
The next example of a third party case would be a truck driver who is injured in an automobile accident caused by the negligence of another driver. In this situation, the negligent driver could be held legally responsible in a third party lawsuit.
Although the above explanations of a third party case are simple, third party lawsuits are legally complex and require the assistance of an experienced and knowledgeable personal injury attorney.
If we have not addressed your question in our FAQ's, please feel free to contact our office at 800-437-2571 to speak with an attorney or use our confidential
contact form to submit your question(s).
A. Yes. Every employer in Illinois is responsible for responsible for providing workers compensation benefits under the Illinois Workers’ Compensation Act.
Benefits are paid through an insurance policy purchased by the employer or through a self-insured fund.
2. Are all Illinois workers covered under the Illinois Workers’ Compensation Acts?
A. Most Illinois workers are covered under the Illinois Workers’ Compensation Act. The only exception to this is if you are an independent contractor (There are various factors taken into consideration when determining whether a worker is a “true” independent contractor. It is best to consult with an attorney who can determine whether or not you would be considered an independent contractor under the Illinois Workers’ Compensation Act.)
Other workers covered under the Illinois Workers’ Compensation Act include those workers hired in Illinois but injured while working in another state or those workers who were injured while working in another state and their employer’s principle place of business is in Illinois.
3. Are all types of work-related injuries covered by the Illinois Workers’ Compensation Act?
A. Any injury “arising out of and in the course of their employment " is covered.
4. Are work-related repetitive stress injuries such as carpal tunnel syndrome, covered under the Illinois Workers’ Compensation Act?
Any worker who develops a work-related repetitive stress injury would be covered.
5. Will I be able to receive workers’ compensation benefits if I re-injure myself or if I suffer an aggravation of a pre-existing condition?
A. If you re-injure a previously injured part of your body in the course of your employment, you are covered under the Illinois Workers’ Compensation Act. This also includes an aggravation of a pre-existing condition.
6. What if my injury causes scarring or disfigurement?
A. If your injury results in a permanent scar or disfigurement, you would still be entitled to benefits under the Illinois Workers’ Compensation Act if the scarring or disfigurement is to the head, face, neck, arms or legs. However, your claim cannot be resolved for at least six months after the scarring or disfigurement has occurred.
7. Can I see my own doctor or do I have to be treated by a company doctor?
Under the Illinois Workers’ Compensation Act, you are entitled to receive “100% off all reasonable and necessary” medical treatment from two doctors of your own choosing. These include first aid, emergency room services, hospital care doctor's fees, prescriptions, etc.
Additionally, if one of your two physicians refers you to another doctor, the insurance company is responsible for payment of any related medical expenses. Referral to another doctor by your first two choices is commonly known as “a chain of referral.” If you stay within this chain of referral, any treatment received will be covered. If you go outside the chain of referral and see a third doctor, you will be responsible for any resulting medical expenses.
8. Does the Illinois Workers’ Compensation Act pay benefits while I am off work?
The Illinois Workers’ Compensation Act provides for a lost wage benefit known as Temporary Total Disability (T.T.D.) T.T.D. benefits are paid while you are off from work.
Under the Illinois Workers’ Compensation Act, T.T.D. benefits should be paid within the first two weeks that you are off work. You will not be paid T.T.D. for the first three days that you are off work unless you remain off work for more than fourteen days. Again, you must be off work pursuant to your doctor’s orders.
T.T.D. benefits are equal to two-thirds (2/3) of your gross week wage. It is based on average of your wages that were paid to you in the fifty-two weeks prior to your accident date.
9. What should I tell my doctor about my accident?
A. It is very important to provide all your treating doctors with a complete and accurate history of your accidents. Any inconsistencies in your histories will raise a red flag with the insurance company and could result in your claim being denied.
10. Am I entitled to a settlement for my injuries?
A. Yes. The Illinois Workers’ Compensation Act provides for Permanent Partial Disability benefits if your injury is permanent in nature. This is in the form of a Lump Sum Settlement or an award from an arbitrator.
The amount of a settlement is based on your Permanent Partial Disability rate which is sixty percent (60%) of your gross weekly wage and the extent of the permanency of your injury. Several factors are taken into consideration when determining what a fair settlement would be for your injury.
We recommend consulting with an experienced workers’ compensation attorney who can help you in recovering the largest settlement possible for your injuries.
Note: It is not uncommon for the insurance company to tell you your claim is closed once you have returned to work and are no longer receiving medical treatment. If you have not signed Lump Sum settlement contracts or have not had a hearing before an arbitrator, your claim may still be open.
11. What if I am is unable to go back to my regular job and I have to take a lower paying job?
A. If you injury keeps you from going back to your regular job and you have to accept a lower paying job, you could be entitled to wage differential benefits. These benefits amount to two thirds (2/3) of the difference between what you were earning before your injury and what you are earning with your new job.
12. What if my doctor says I am unable to do any type of work?
A. Under the Act, you would be entitled to receive P.T.D. benefits which equal sixty-six and two-thirds (66-2/3) of your gross weekly wage, for the rest of your life or until such time that you are able to return back work.
13. Does the insurance company have to retrain me if I can’t go back to the work I was doing before my accident?
A. The Illinois Workers’ Compensation Act provides that if you are unable to return to the type of work you were doing before your accident, the Workers' Compensation insurance company may be responsible for providing you vocational rehabilitation to retrain you for a new job. The insurance company may also be responsible for paying you “maintenance” benefits during the rehabilitation period. These benefits would be equal to your T.T.D. rate.
14. What death benefits are provided under the Illinois Workers’ Compensation Act?
A. The Illinois Workers’ Compensation Act provides for a death benefit which is paid to the widow(er) and or the worker’s dependent children. Additionally, if it is determined that the worker was financially responsible for non-related dependents, these dependents may also be entitled to receive death benefits.
The maximum death benefit is $500,000 or twenty-five years of the worker’s T.T.D. rate which is greater.
15. Do I have to tell my employer that I was injured on-the-job?
A. You must report your injury to your employer (or anyone in a supervisory position),within forty-five (45) days of your accident. Notification to your employer can be either oral or written. Although the Illinois Workers’ Compensation Act allows forty-five days (45), we recommend that you report your accident as soon as possible.
If your employer requires you to complete an accident report form, make sure all the information in the report is correct. Never sign a blank accident report from.
16. What is the Statute of Limitations for filing a Workers' Compensation claim?
A. An Application for Adjustment of Claim form must be filed with the Illinois Workers’ Compensation Commission within three (3) years of the date of your accident or within two (2) years of the latest payment of compensation, whichever of these dates is later.
An Application for Adjustment of Claim form can be filed by either you or your attorney. If the form is not filed with the Illinois Workers’ Compensation Commission within the Statute of Limitations, you will lose all your rights and benefits under the Illinois Workers’ Compensation Act.
Note: Completing an accident report form for your employer is not considered filing of a claim.
17. Do I have to give a recorded statement to my employer or its workers' compensation insurance company?
A. You do not have to give a recorded statement to your employer or the workers’ compensation insurance company in order to receive workers’ compensation benefits. Never give a recorded statement to the insurance carrier without having an attorney involved in the recording of the statement to properly counsel you on what to say and what not to say. These recorded statements are taken for the benefit of the insurance company and is often times used to deny your claim.
18. I received forms from the workers' compensation insurance company that require my signature. Should I sign them?
The insurance company may ask you to complete an accident report form or questionnaire. Make sure that all the information contained in the report is accurate before signing the report.
It is common for the insurance company to send you a medical authorization form to sign so that they can request your medical records from your doctor. Often times these medical authorization forms contain language that allows the insurance company to request medical information in your file such as psychiatric treatment, substance abuse treatment and HIV treatment. The insurance company IS NOT entitled to this information. This language should be stricken from the authorization prior to signing.
Any other documents signed by you, no matter how harmless they appear, could adversely affect your rights and benefits under the Act.
An experienced attorney can best advise you on what if any documents you should be signing.
19. Do I have to be examined by an insurance company doctor?
A. Your employer’s worker’s compensation insurance carrier is entitled to have you examined by its doctor at its expense. The examination must be at a “reasonable time and place.” Failure to appear for an examination could result in the insurance company stopping or denying your workers’ compensation benefits.
Note: You are only required to submit to an examination by the insurance company doctor. You do not have to be treated by them.
20. Do I have to cooperate with the insurance company’s rehabilitation nurse?
A. You are not legally required to cooperate with the rehabilitation nurse assigned to your case. However, if you are receiving benefits, it is highly recommended that you do so. Failure to cooperate with the rehabilitation nurse could result in the insurance company stopping payment of your benefits.
This does not mean that the nurse has unlimited access to you and your doctor. The nurse should never be in the room when you are being examined by your doctor. The nurse should never have a conversation with your doctor without you being present. The nurse should provide you with copies of any reports that are submitted to the insurance company.
Remember, the rehabilitation nurse was hired by the workers’ compensation insurance company to medically manage your claim. Any statements made by you to the nurse are reported to the insurance company. Such seemingly innocent statements could adversely affect your claim as well as any potential Third Party case.
21. What can I do if the insurance company is denying my claim?
A. If the insurance company is denying your claim, you can have your claim heard by an arbitrator of the Illinois Workers’ Compensation Commission. At this hearing you will be able to present medical evidence, witness statements and any other documentation in support of your claim.
A hearing is considered a legal proceeding. It is something that you should not handle without the assistance of an attorney. The insurance company will be represented by an experienced workers’ compensation attorney. You will be at a huge disadvantage if you do not have an attorney representing you.
22. Can I apply for unemployment benefits if I am not receiving workers’ compensation benefits?
A. When applying for unemployment benefits, you must state, in writing, that you are capable of working. This statement is contrary to your claim for workers’ compensation benefits in which you are stating that you are unable to work due to your injury.
Recent decisions by the courts recognize the financial difficulties an injured worker faces when they are not receiving T.T.D. benefits under the Act. They have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from receiving workers’ compensation benefits. It is advisable that you consult with an experienced workers’ compensation attorney prior to applying for unemployment benefits.
23. Should I file for Social Security Disability benefits as a result of a work-related injury?
A. Yes. If you are unable to work and your disability will continue for one year or more, you may be eligible for Social Security Disability benefits.
If your initial claim and subsequent reconsideration are denied by the Social Security Administration, the next step in the appeal process would be to request a hearing before a Social Security administrative law judge. It is advisable to retain an attorney who handles Social Security Disability claims to assist you with your appeal. Attorney’s fees are paid only when you receive an award by the Social Security administration.
24. Should I put my medical bills through my group health insurance?
A. Your employer may encourage you to put your claim through your group health insurance instead of their Workers’ Compensation insurance. Please consider the following:
- Most group policies do not provide for lost time benefits.
- Most group policies usually require that the injured worker pay a co-pay for a portion of their medical expenses. Workers’ compensation pays 100% of “all reasonable and necessary medical expenses.”
- You may be required to indicate in writing that your injury is not work related in order for your health insurance to cover your medical expenses. Such an admission could jeopardize your workers’ compensation claim
IMPORTANT : While we do not recommend that you receive treatment under group health insurance, we understand that it is sometimes necessary in order to receive the medical treatment you need. If you must process your treatment through group health insurance, DO NOT sign anything that says your claim is not worked- related. Also, keep a record of any out-of-pocket expenses such as co-pays. You may be entitled to reimbursement of these expenses once your claim has been accepted by your employer’s workers’ compensation insurance carrier.
25. Can my boss fire me filing a claim for workers' compensation benefits?
A. No. The Act provides that it is unlawful for any employer or its Workers' Compensation insurance company to interfere with, coerce or discriminate against any injured worker, in any manner, whatsoever, for exercising their rights to obtain any or all of the benefits provided for by the Act.
Additionally, if it can be proven that an employer fires or forced to resign any injured worker in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in the Circuit Court. This type of lawsuit is referred to as a " Retaliatory Discharge " lawsuit which could result in substantial damages against the employer.
27. Will Workers’ Compensation pay my union dues, health insurance, or other benefits?
A. No. Unfortunately, the Act does not provide monies to the worker for any of the above mentioned benefits.
28. I’m not happy with my attorney. Can I change attorneys? Will I have to pay more than a twenty percent (20%) attorney's fee?
A. If you are unhappy with your current attorney and would like to retain a new attorney, you will not have to pay any more than twenty (20%) in attorney’s fees. It will be up to your new attorney to resolve any fee issue with your old attorney and to pay your old attorney. You will never pay more than twenty (20%) in attorney’s fees.
29. What is a Third Party case?
If it is established that someone other than your employer was responsible for your injury, you may have a third party lawsuit against the responsible party.
The most common types of third party cases occur on construction job sites. For example: A carpenter trips over debris and falls injuring himself. If another sub-contractor or the general contractor has the responsibility of keeping the job site clean of debris and it is not, then they are legally responsible for causing the carpenter’s injury. They are the third party.
Another example of a third party case is a worker injured while using defective tools or equipment. These types of third party cases are known as “Products Liability” cases. A lawsuit could be filed against the manufacturer of the defective tool or equipment.
The next example of a third party case would be a truck driver who is injured in an automobile accident caused by the negligence of another driver. In this situation, the negligent driver could be held legally responsible in a third party lawsuit.
Although the above explanations of a third party case are simple, third party lawsuits are legally complex and require the assistance of an experienced and knowledgeable personal injury attorney.
If we have not addressed your question in our FAQ's, please feel free to contact our office at 800-437-2571 to speak with an attorney or use our confidential
contact form to submit your question(s).