A CHICAGO-BASED PERSONAL INJURY ATTORNEY DISCUSSES LAWSUITS STEMMING FROM WORKPLACE INJURIES CAUSED BY THIRD PARTIES
As a personal injury attorney in Chicago, I’m often amazed at how restrictive the Illinois Worker’s Compensation Commission’s benefits guidelines are. Worker’s compensation insurance benefits may be paid to an injured worker regardless of fault, but oftentimes, they are inadequate to compensate the employee. A single workplace injury can result in hospitalization, surgery, a pharmaceutical regimen, rehabilitative therapy, occupational therapy, lost wages, reduced earning capacity, pain, and suffering. That’s why, even when workman’s comp applies, it’s always recommended to have a personal injury attorney review a workplace accident case.
Third Party Negligence in Workplace Injuries
Illinois is a no-fault state when it comes to worker’s comp claims. Regardless of whether the accident is the fault of the worker or an employer, if an employee is injured in the workplace, chances are excellent that he or she is covered by worker’s comp and the claim will be paid in accordance with Illinois legislative and regulatory laws. However, there are instances where a mishap that occurs in the workplace is caused or partially caused by an outside party. In a case like this, the victim may consider retaining the services of a personal injury attorney to receive additional compensation from that third party.
Consider the following example:
A maintenance worker from the Chicagoland area is employed by a property management firm that owns, leases and maintains several office buildings in Chicago. While changing acoustic ceiling tiles in a high rise located in Chicago, a defective rung on his ladder gives out under his weight, causing him to fall to the ground and injure his back. It is later discovered that the ladder had a manufacturer’s defect that substantially weakened the rung. Naturally, because it is a workplace injury, the maintenance worker is covered under the Chicago-based property management company’s worker’s comp insurance. However, in this example, the injured victim should also consider contacting a personal injury attorney about suing the company that made the ladder for additional compensation.
The Need for a Personal Injury Lawyer
If you’ve been injured in a work accident and you’ve only missed a day or two at work, your worker’s comp claim may adequately cover your losses—even if a third party is at fault. However, if you’ve been severely injured in a work accident that was caused or partially caused by a third party, or if your employer exhibited gross negligence that lead to your injuries, it is in your best interest to retain the services of an Illinois personal injury attorney. A personal injury lawyer can examine your case, identify the responsible party or parties, and get you the compensation that you deserve.
