Serious or deadly accidents on the job here in Indiana and Illinois come with legal protections for the injured worker under state worker’s compensation laws. Employees are able to file claims with their employer that will cover things like medical expenses and lost wages as part of their workers’ compensation benefits.
- For more, read our discussions in Illinois Workers Hurt in a Car Crash While Driving for Work: Legal Rights under Illinois Law and Indiana Workers Injured in a Motor Vehicle Accident While Driving On the Job.
However, there are some incidents where an investigation into the accident reveals that the worker’s harm was caused by another person, another company, or an employee of another company. In these situations, the injured person may have the right to pursue legal claims against those parties that caused the accident. These legal claims, called “third party claims,” can be pursued independently of the employee’s workers’ compensation claim.
The Big Difference Between Third Party Claims and Workers’ Compensation
The primary difference between these two types of claims is the legal cornerstone upon which they are established. Workers’ compensation is defined by state law and overseen by state agencies. For example, the Workers’ Compensation Board of Indiana oversees Hoosier workers’ compensation claims as mandated by the Indiana Workers’ Compensation system. A specific range of damages are provided as mandates within the workers’ compensation laws and regulations without the need to show fault.
However, employee third party claims are formed under civil laws, not the workers’ compensation statutes. This allow for demands to be made and lawsuits to be filed in civil court for damages as they are defined in state law. Damages here can include things not covered by workers’ compensation, such as physical pain and suffering; mental suffering, anxiety, and distress; and loss of enjoyment of life.
These are standard personal injury lawsuits and exist independently of the workers’ compensation statutes. The worker must prove the defendant’s breach of duty caused the injury in order to obtain damages.
Examples of third-party claims that can be filed in addition to workers’ compensation benefits
One commonplace example where an Indiana employee or Illinois worker has (1) the right to file for workers’ compensation benefits as well as (2) asserting legal claims against a third party for on-the-job injuries is a motor vehicle accident where the worker is driving as part of their job and is hit by another driver, not employed by the same company, whose negligence has caused the crash.
Another sad example of a third-party claim for workers in Illinois or Indiana happens whenever a worker is seriously harmed on the job by machinery, tools, or equipment that fails or is defective in some way. Here, the employee not only has the right to workers’ compensation benefits, but a possible cause of action against the company (or companies) responsible for the design, manufacture, sale, repair, and/or maintenance of the device that resulted in the victim’s bodily injuries.
Exposure to toxic substances at the workplace can also result in third-party injury claims. Here, the company who manufactured or distributed that chemical may be liable to the injured worker for personal injury damages outside of worker’s compensation benefits. For more, read Chemical Accidents: Burns, Inhalation, or Neurological Work Injuries on the Job in Indiana or Illinois.
In sum, worker third party claims in Illinois or Indiana may be filed for things like:
- Motor vehicle accident injuries on the job
- Bodily injuries sustained by machinery, equipment, or tools while at work
- Exposure to toxic chemicals on the worksite.
No Need for the Accident Victim to Choose Between the Two Claims
For workers who are severely injured or killed on the job here in our part of the country, it is important to know there is monetary assistance available through two legal avenues for justice: first, the workers’ compensation system; and second, through the civil personal injury laws. The worker does not have to choose one over the other.
First, the workers’ compensation systems of Indiana and Illinois provide for injured workers to have benefits as defined by law to be provided by the employer through a special insurance policy coverage that the employer is legally required to purchase. The state laws also specify what that coverage must include, listing things like medical costs, treatment expenses, and lost wages. These are legal claims filed with an insurance company and overseen by the state’s workers’ compensation agency.
Second, if the incident investigation reveals that a third party has caused the victim’s injuries, then the law allows that worker to file legal claims for damages against the party or parties who are legally at fault. These are legal claims filed in the civil courts having jurisdiction over the accident. See, The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois.
Usually, the worker will begin to receive their state workers’ compensation benefits pursuant to their first-party workers’ compensation claim long before the third-party personal injury claims are resolved. These situations can become complicated over time, as the workers’ compensation insurance carrier may assert the right to reimbursement of some payments once the personal injury claims are finalized and paid to the injured worker (or their loved ones in the event of death).
Injured Worker’s Right to Justice After Serious On-the-Job Accident in Indiana or Illinois
When an employee in Illinois or Indiana is severely injured or killed on the job, that worker may have legal claims to advance under both (1) the state’s workers’ compensation system as well as (2) any third party whose actions or failure to act in a reasonable and prudent manner resulted in the incident where the victim was harmed.
These workplace accidents deserve an independent investigation on behalf of the victim into the details of the incident to determine how the events took place. The worker has the right to confirm whether or not there were breaches of established and defined legal duties of care and safety by a third party. Expert analysis may be needed to determine the scope of liability here.
While some workers may opt for dual representations, in severe or complex matters it may be wise for the injured victim to have legal advocates experienced in pursuing justice in both arenas. These claims must be pursued independently in (1) the workers’ compensation system of the state having jurisdiction (i.e., Indiana or Illinois) and (2) the civil courts where the personal injury suit is to be filed. Representation may also involve dealing with any requests for recouping paid claims by the workers’ compensation carrier after successful resolution of the third-party personal injury claim.
Worker’s compensation, wrongful death, and personal injury negligence laws may all come into play to help worker accident victims find avenues for justice after a serious work injury. To learn more, read:
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Lockout Tagout Accidents in Indiana and Illinois: Employer Liability
- 2021 Top Ten List of OSHA Safety Violations: Known and Unresolved Accident Dangers Facing Workers Today
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Workers have a legal right to be protected from harm while at work; unfortunately, all too often employees in Indiana and Illinois become victims of serious injuries while on the job that result in permanent harm or death when these duties of care and safety are breached. Please be careful out there!
