Work Accident Victims Seeking Justice for Job Injuries
Both Illinois and Indiana have enacted laws to protect workers who are hurt while working on the job by requiring employers to have workers’ compensation insurance. Each state has built its own administrative system for dealing with personal injury claims that are filed against these workers’ compensation policies.
Indiana and Illinois Workers’ Compensation Claims
The state statutory schemes are not the same, and they change over time. Indiana’s law was amended in July 2018. Illinois’ workers compensation system got a major overhaul in 2011.
Employees may be given the understanding that if they suffer a job site injury, their only option is to file a claim with their employer’s workers’ compensation insurance carrier. This is often true for work site accidents in Indiana and Illinois.
However, there are many instances where workers hurt on the job sustain serious or fatal injuries and their search for justice will take them outside the state worker compensation system. Not every work accident is covered by workers’ compensation in Illinois or Indiana.
Damage Claims for Job Site Injuries
For many workers in our part of the country, the state workers’ compensation system will not apply to their accident. They will not be covered by the workers’ compensation laws of Indiana or Illinois.
A. Other Workers’ Compensation Systems
For instance, even if they are working in Indiana or Illinois but are (1) employed by certain types of employers, or (2) do certain types of work, they will have injury claims to file under specific federal statutes. These include:
- Maritime Workers
Workers in shipyards along the Great Lakes may have their accident claims covered by the Longshore and Harbor Workers’ Compensation Act (”LHWCA”). As explained by the Department of Labor, the LHWCA “… offers compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel. The Act also offers benefits to dependents if the injury causes the employee’s death.”
- Miners
Miners working in coal mines in either Indiana or Illinois may have their on-the-job injuries covered by federal workers’ compensation law including the Black Lung Benefits Act (”BLBA”), which helps coal miners suffering from black lung disease (pneumoconiosis).
- Railroad Workers
Those who are employed in any type of railroad work here in Indiana or Illinois are vulnerable to all sorts of serious injuries. It is dangerous work. Accordingly, Congress created workers’ compensation coverage specifically for railroad workers in the The Federal Employers Liability Act (FELA).
- Federal Employees
Those hurt on the job in either Illinois or Indiana who are paid by the federal government, either as permanent employees or under contract, will have their accident claims go through the federal workers’ compensation system, pursuant to the Federal Employees’ Compensation Act.
B. Legal Claims and Lawsuits in Civil Court
Many workers may be shocked to find that their work accident is disregarded by their employer’s worker’s compensation carrier, or that their company has no worker’s compensation policy in place.
What can these workers do? Some may need to appeal the denial by the carrier. Others may seek justice through the civil courts, filing personal injury lawsuits against those responsible for their accident and its resulting damages.
Workers hurt in job-site accidents here in Illinois or Indiana may be able to sue for damages in a variety of circumstances. The failure of their claim to be covered by workers’ compensation is not a barrier to finding justice for these workers and their loved ones.
Lawsuits seeking damages for job-site injuries resulting from work accidents can involve the following:
- Claims against the Employer Who Failed To Have Workers’ Compensation Insurance
If there is a job-site accident and the company failed to have workers’ compensation coverage for that worker’s injuries, then the worker may have a personal injury lawsuit to file against the employer.
- Claims against Manufacturer for Defective Product
If the accident was caused by a defective product, then the worker who was hurt on the job may be able to seek justice in a personal injury case based upon the product liability laws of either Indiana or Illinois.
- Claims Based Upon the Intentional Bad Acts by the Employer
Workers’ compensation policies do not extend insurance coverage for the intentional misconduct or bad acts of an employer. If the cause of the accident was not an error or mistake, but instead something done intentionally by the employer and/or its agents, then there may be a legal claim to pursue based upon state personal injury laws defining intentional torts. In some instances, these cases can include exemplary (punishment) damages.
Seeking Justice for Workers Hurt in Job-Site Injuries
Construction workers face extreme dangers on the job. Residential as well as commercial or industrial construction can result in serious work site accidents. Truck drivers also face a high risk of job injury while on the job.
Falls and motor vehicle accidents are two of the biggest causes of severe or deadly worker accidents in Indiana and Illinois. See, Where Are Workers Most Likely To Die While Working On The Job In Illinois And Indiana?
Those who advocate for job safety and injured workers understand that all too often, not only do companies fail to provide a safe working environment in order to maximize profits, but they become aggressive in their attempts to avoid or limit their liability once an employee is seriously injured or killed on the job.
Sadly, injured workers and their families will not only have to face the aftermath of a serious work accident but they must endure the emotional stresses of forcing those liable for the accident to take responsibility for what has occurred. Worker injury claims may be hard fought before justice prevails.
If you are hurt on the job, having an experienced workers’ compensation lawyer to help you can be vital to getting justice. Please be careful out there!
