What if a Third Party Is Responsible for My Workplace Injury in Peoria, Illinois?

What Is Third-Party Liability for Workplace Injuries?

Third-party liability for workplace injuries refers to situations where someone other than your employer is responsible for the accident that caused your injury. While workers' compensation is the primary system for obtaining benefits after a work-related injury in Illinois, there are circumstances where you can sue this third party to recover additional compensation.

However, to win a third-party liability claim for workplace injuries, you need to prove that the third party was at fault.

Burden of Proof to Establish Third-Party Liability

In a third-party liability claim for a workplace injury, the burden of proof lies with you, the injured employee, to demonstrate that the third party was responsible for your injury. This means you'll need to establish the following four elements by a preponderance of the evidence.

Duty of Care

You need to show that the third party had a legal obligation to act in a reasonably safe manner to avoid causing you harm. This duty of care can arise from various factors, depending on the specific situation.

For example, a subcontractor on a construction site has a duty to ensure their work practices don't endanger others. Similarly, property owners have a duty to maintain their premises in a safe condition for those who have a lawful right to be there, including employees.

Breach of Duty

You must also prove that the third party failed to uphold the duty of care owed to you. This could involve failing to properly maintain equipment (e.g., a manufacturer neglecting safety recalls), creating hazardous conditions (e.g., a subcontractor leaving debris on a walkway), or violating safety codes or regulations.

Causation

You need to establish a direct connection between the third party's breach of duty and your injury. This means proving that the third party's actions or inaction were the proximate cause of your accident and subsequent injuries.

Damages

Finally, you must demonstrate that you suffered compensable damages as a result of the third party’s negligence. This typically includes things like:

• Medical bills (past, present, and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Emotional distress

What Is a Preponderance of the Evidence?

A preponderance of the evidence means that it's more likely than not (over 50%) that the third party's negligence caused your injury. This may involve gathering evidence such as accident reports, witness statements, medical records, and expert opinions (e.g., safety engineers).

A personal injury attorney at our law firm in Peoria or Chicago can help you gather evidence and present it to the courts to satisfy the burden of proof.

Scenarios Where a Third Party May Be Responsible for a Workplace Accident

There are a variety of scenarios in which a third party may be held responsible for a workplace accident.

Subcontractor Negligence on a Construction Site

Subcontractor negligence on a construction site is a common type of third-party liability in a workplace.

On construction sites, there are often many contractors and companies working together. These other companies are often subcontractors. For example, the contractor you are working for might have hired a subcontractor to take care of the electrical work on the site.

If you were injured because of a subcontractor’s negligence, you may be able to file a suit against the subcontractor or his or her company.

Let’s take our example of a subcontractor hired to perform electrical work. This subcontractor doesn’t follow proper safety procedures; for example, he or she doesn't properly insulate the wires to protect people from getting electrocuted.

Alternatively, the subcontractor uses faulty equipment, which exposes other contractors to hazards by increasing the risk of an electrical fire.

In such a case, if you were electrocuted or burned due to an electrical fire, you may be able to file a third-party liability suit against the contractor doing the electrical work, in addition to recovering workers’ compensation.

Defective Machinery or Equipment Provided by a Manufacturer

Sometimes, your third-party liability claim could be against a manufacturer if defective equipment caused your injury.

For example, let’s say you suffered an injury while working with machinery at a factory. If the injury was caused by a design or manufacturing defect with the machinery, you may be able to hold the manufacturer liable for your losses.

You can still collect workers’ compensation benefits, since workers’ comp is a no-fault system. However, in addition to filing a workers’ compensation claim, you may be able to file a lawsuit against the manufacturer of the dangerous equipment.

Workers’ compensation and third-party liability may apply even if the injury wasn’t in your workplace proper, as long as you were performing the duties of your job. For example, if you are a delivery driver, and your job is to deliver items or food to people’s homes, you may be able to collect compensation for injuries sustained in a motor vehicle accident that happened while you were making a delivery.

Steps to Take If a Third-Party Is Responsible for Your Workplace Injury

It’s important to know what to do after a work injury. Following the right steps after a workplace accident can protect your well-being and your right to recover compensation for your losses.

See a Doctor

One of the first things you should do is to see a doctor for your injuries. Visit the emergency room if your injuries require immediate medical treatment. Otherwise, get checked out by a medical professional as soon as you can. Doing so ensures that your medical needs are taken care of, and that your injuries are documented in case you file a lawsuit.

Report the Incident to Your Employer

Make sure to report your accident to your employer, even if you plan to sue a third party for your injuries. In Illinois, you generally have 45 days to report the injury to your employer under the Workers’ Compensation Act for most injuries suffered on the job.

It’s best to report the workplace accident in writing. Include your name and contact information, the nature of the injury, and other important details. It doesn't have to be lengthy; a brief description of the injury should suffice. Keep a copy of the written notice as proof of your notice.

Don’t Return to Work Prematurely

Do not return to work without a doctor’s release, even if your employer is pressuring you to do so. If you can’t return to work after injury, you may be eligible for wage loss benefits through workers’ compensation while you recover.

Returning to work before you are released by your medical team can interfere with the claims process and make it more difficult to recover compensation. The negligent third party might try to use your return as proof that your injuries were not as severe as you claimed they were.

Get in Touch with a Work Injury Lawyer

The next step is getting in touch with a workers’ compensation lawyer who has experience with third-party work injury claims. An experienced lawyer will be able to evaluate the factors that contributed to your accident, identify any third-party liability, and guide you through the legal process to maximize your recovery.

How an Attorney Can Help You File a Personal Injury Lawsuit Against a Third Party After a Workplace Accident

If a third party, someone other than your employer, was responsible for your workplace accident, an experienced work injury attorney can be a valuable asset in pursuing a personal injury lawsuit against them. Here's how:

Identifying the Third Party and Assessing Liability

Determining the liable party in a workplace accident can be intricate. Your attorney will investigate the circumstances surrounding your accident. This might involve reviewing accident reports, witness statements, safety protocols, and potentially even building codes or equipment manuals.

Based on their investigation, the attorney will identify the most likely third party responsible, whether it's a subcontractor, property owner, equipment manufacturer, or another entity.

Building a Strong Case and Gathering Evidence

Building a strong case hinges on establishing the elements of negligence: duty of care, breach of duty, causation, and damages. Your attorney will gather evidence to support each element. This could include:

• Medical records documenting your injury and treatment needs.
• Expert opinions from medical professionals or safety engineers.
• Witness statements corroborating your account of the accident.
• Photographs or videos of the accident scene and any hazardous conditions.

Handling the Complexities of Workers' Compensation and Third-Party Lawsuits

Navigating the interaction between workers' compensation and a third-party lawsuit can be tricky. Your attorney will ensure you understand your rights and obligations under both systems. He or she can help you deal with liens from workers' compensation on any settlement you receive from the third-party lawsuit.

Negotiating with Insurance Companies

Insurance companies representing the third party will likely attempt to minimize your claim. Your attorney has the experience and knowledge to negotiate on your behalf, ensuring you receive a fair settlement offer that reflects the full extent of your damages.

Understanding and Protecting Your Legal Rights

The legal system can be daunting. Your attorney will guide you through every step of the process, explain your options, and answer any questions you have as your case progresses. He or she will ensure your rights are protected throughout the lawsuit.

Representing You in Court (if necessary)

Most personal injury cases settle outside of court. However, if a fair settlement isn't reached, your attorney will be prepared to represent you in court and argue your case effectively. The lawyer’s courtroom experience and litigation skills will be invaluable in pursuing compensation on your behalf.

Valuing Your Case Accurately

Personal injury damages go beyond immediate medical bills. Your attorney can accurately assess the full scope of your damages, including:

• Lost wages and future lost earning capacity due to your injury.
• Pain and suffering, both physical and emotional.
• Loss of enjoyment of life due to your injury's limitations.
• Long-term care needs.

Streamlining the Legal Process for You

A personal injury lawsuit can be stressful and time-consuming. Your lawyer will handle all aspects of the case, from the initial investigation to communication with insurance companies and legal filings. This allows you to focus on your recovery and well-being.

Hiring a Lawyer if a Third Party Is Responsible for Your Workplace Injury

While you can technically file a third-party lawsuit yourself, the legal complexities involved in workplace injury claims make having an experienced accident attorney on your side a wise decision. An attorney can significantly increase your chances of a successful outcome, maximizing the compensation you receive for your injuries.

If you believe that a third party may have contributed to your workplace accident, contact our work injury lawyers at Strong Law Offices in Peoria right away. We offer free initial case evaluations, and we won’t charge you any attorney fees unless we win compensation on your behalf.