When Workplace Injuries Involve Third-Party Liability Claims

For many injured workers, the workers' compensation system can be difficult to navigate. Denials, delays and endless forms to keep straight challenge even the most diligent patients and their families. However, it is critical to get a claim going in a timely manner in order to prevent losing out on benefits.

At the same time, it is important to conduct an investigation into the causes of an on-the-job injury. Close examination of the circumstances of an accident often reveals a crucial factor: a liable third party.

Were There OSHA Regulation Violations By An Employer? Was There Third-Party Liability?

The principle behind workers' compensation benefits is to allow workers and employers to avoid costly litigation, while providing protection for each. Proof that an employer violated safety laws and regulations may provide an avenue to sue an employer above and beyond what a workers' compensation insurer pays. The burden of proof on the injured employee can be quite high.

Apart from the workers' compensation aspect of a work injury case, negligence of a third party such as a manufacturer, a property owner, a driver of a nonwork-related vehicle or a subcontractor may have caused or contributed to injuries. In such cases, the third party may be responsible to compensate the injured worker. Compensation comes by way of a personal injury lawsuit — a civil matter completely separate from the workers' compensation claim.

Evaluating Shared Responsibility Between Contractors And Subcontractors

Determining what a subcontractor was allowed to do or supposed to do at a job site may be key to an effective investigation after a workplace accident. A detailed review of evidence can confirm an injured employee's eligibility for a workers' compensation claim as well as confirming that for a third-party liability claim or lawsuit is appropriate.

From law offices in Geneva and Chicago, injury law attorneys at Foote, Mielke, Chavez & O'Neil, LLC, can handle both types of cases for Northern Illinois workers who have been hurt on the job. We are prepared to hire professional accident reconstruction experts, industrial experts and other analysts who can assist us in developing a strong third-party liability claim.

Explore Liability Of Third Parties In Your Workplace Accident Case

Contact our law offices at 630-232-7450 by email to schedule a free case evaluation by an experienced trial lawyer. Our office hours in Chicago and Geneva are from 8:30 a.m. to 5 p.m. weekdays. Evening and weekend appointments are sometimes available, too.