Workplace injuries are a common occurrence throughout the U.S., especially if you work in the transport industry, or in any technical field.
In case you sustain a work-related injury, the first thing you need to do is seek medical attention, then file for workers’ compensation. If your injury occurred due to someone else’s actions, then filing a third-party claim may be the best option.
Workers’ compensation is not enough
Workplace injuries are usually addressed by the workers’ compensation laws, which cover all medical costs that arise from the workplace, and a part of the employee’s salary while he or she is out injured.
However, it is important to note that Illinois workers’ compensation laws may not adequately cover cases of gross negligence. And that is where the third-party compensation claim comes in, as it specifically addresses injuries caused by another person or entity. Apart from covering all medical costs, a third-party claim also allows you to seek punitive damages and compensation for emotional and physical pain suffered.
It complements the workers’ compensation
Third-party claim essentially means that another party is responsible for your woes (in addition to your employer), and is thus liable to compensate you. In that case, it does not contradict the workers’ compensation laws, but rather complements them. As a matter of fact, you may file both the workers’ compensation and third-party claims simultaneously.
It holds the responsible party liable
Reckless behavior by a colleague or manager, and defective equipment or vehicles are examples of situations that may necessitate a third-party claim when injuries occur. In the case of defective products, you may include the manufacturer, distributor or retailer.
The court process mainly involves determining who bears the legal responsibility for the accident. In regard to equipment or tools, the court may analyze the manufacturing process, and determine whether there was any negligence on the part of the operator.