Liability under the law is different for Worker’s Compensation and Third- Party Personal Injury claims.
When a worker is hurt in an on-the-job accident in Illinois and Indiana, legal protections exist to help that injured victim and their loved ones in the aftermath. Damages from emergency treatment and subsequent medical care, to lost wages and making the monthly bills during recovery can be covered by those deemed responsible under the law.
However, what law applies in the particular work accident will vary, depending upon the circumstances. Worker’s compensation coverage may apply. Sometimes, there may be legal causes of action to be pursued against various individuals and entities as third-party injury claims.
In both Illinois and Indiana, the questions of (1) who has to pay; (2) what is covered; and (3) if there is a maximum coverage amount for damages, will vary depending upon the law that applies in the particular situation.
Determining who has to pay for work accident injuries is a question of liability which is addressed in this article. This will be followed by our discussion on the types of damages that can be claimed after an on-the-job injury as well as any caps on those amounts.
For more, read: Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages.
Before any type of worker’s compensation claim can be considered by an injured victim and their loved ones, certain legal hurdles have to be jumped. These include answering the following questions:
1. Hurt on the Job? Need Confirmation of Course and Scope of Employment
The first question that must be answered after a worker is hurt on the job site (or involved in a work-related task) is to confirm that the injuries did indeed happen in the course and scope of employment.
It is only after the facts and admissible evidence substantiate that the injuries occurred as part of the work assigned to the victim or that was something within the employer’s control that worker’s compensation may be available to cover the harm.
All too many injured workers have to fight for confirmation that they were hurt while on task as part of their work duties. This includes those officially employed as well as those who may be argued to act as “independent contractors.”
For details, read: Course and Scope of Employment: Industrial Accidents in Illinois and Indiana; and Ridesharing Accidents: Claims for Injuries during Uber or Lyft Ridesharing Car Crash.
2. Does Federal Law Apply to the Worker’s Injuries?
After that, there will be the determination of what law applies to the particular event, and this will involve the actual location of the accident. For some workers in Illinois and Indiana, their claims will not be covered by the state worker’s compensation laws. Instead, other workers’ compensation systems will apply.
Sometimes, specific federal statutes will provide legal recompense to the injured worker. For instance:
- Federal employees hurt on the job are covered through the federal workers’ compensation system, the Federal Employees’ Compensation Program, pursuant to the Federal Employees’ Compensation Act.
- Anyone working in the maritime industry (i.e., working on vessels; moving cargo; construction involving shipyards, etc.) who is injured on the job may be covered by the Longshore and Harbor Workers’ Compensation Act (”LHWCA”), which “… 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.” Other federal workers’ compensation programs under the Federal Longshore Program include the Defense Base Act and the Non-Appropriated Fund Instrumentalities Act.
- Miners (like those working in our local coal mines) may have work injuries covered by the Coal Mine Workers’ Compensation Program which administers specific federal statutes like the Black Lung Benefits Act(”BLBA”), which helps coal miners suffering from black lung disease (pneumoconiosis).
- Railroaders involved in any type of accident on the job here in Indiana or Illinois may be covered under the Federal Employers Liability Act (FELA).
- Those employed by the Department of Energy, its contractors or subcontractors, may have their jobsite injuries covered by the Division of Energy Employees Occupational Illness Compensation (DEEOIC).
3. Illinois and Indiana State Worker’s Compensation Coverage
Both Illinois and Indiana have longstanding worker’s compensation laws. In each state, these are special state statutes that set up worker’s compensation systems with the sole purpose of helping injured workers and their families after an on-the-job injury. The state lawmakers also set up state agencies to supervise these systems (e.g., the Illinois’ Workers Compensation Commission and the Workers’ Compensation Board of Indiana.)
Each state’s statutes require employers to pay for insurance coverage in a policy that gives protection for workers who are hurt on the job. This is not the same as group health plans offered by the company, or some type of employee disability policy. This is a special workers’ compensation liability insurance policy that is offered by insurance companies on a state-approved list. It must have specific coverage as delineated by the state statute.
And each state worker’s compensation policy requirements are different. In Illinois, for example, almost every employer (even if they only have a part-time employee) must buy worker’s compensation coverage. The key for worker’s compensation benefits is that claims are honored without the worker having to prove fault.
The supervising agencies administer their state workers’ compensation coverage claims through out-of-court proceedings like arbitrations, formal adjudications, and informal dispute resolution services.
No one goes into a courtroom to fight for justice in a workers’ compensation case. There are no trials here; instead, injury claims are filed for payment under the insurance coverage policy provided by the employer and disputes are resolved in some form of alternative dispute resolution by the supervising agency.
4. Worker Third Party Injury Claims for Injuries Suffered on the Job
There will be situations where workers are seriously injured on the job, even killed, and worker’s compensation will not apply – or their harm allows for civil claims to be filed for personal injury damages.
These claims are outside the worker’s compensation insurance policies. These are demands for justice that proceed within the civil justice system. The injured victim and their loved ones may appear as plaintiffs in a lawsuit against one or more defendants whose breach(es) in the duties of care and safety have caused harm.
Fault must be proven by the injured victim, as in any other type of personal injury case. Facts must be found, evidence accumulated, expert opinions confirmed as necessary, and legal research undertaken to support the claims. The injured victim and their loved ones must prove the defendant(s): (1) had a duty of care to the injured victim; (2) this duty was breached; (3) this breach of duty was a cause of the harm suffered by the victim; and (4) the past, present, and future damages resulting from this breach of duty.
Key here is that these matters allow for more damages to be claimed by the injured parties than the list of things covered in the statutory workers’ compensation insurance coverage policies.
Additionally, there may be a number of defendants who share legal responsibility for what has happened in the workplace accident.
For instance, on a construction site there may be a number of third parties who are legally liable for a construction workers’ catastrophic injuries, including architects or engineers as well as various contractors. Another example: workers hurt in accidents involving heavy machinery or equipment, even power tools, may have legal recompense from manufacturers, suppliers, and repair or maintenance companies based upon product liability law.
- For more, read: Workers’ Compensation and Third-Party Claims for On-the-Job Accidents; When Tools Are to Blame for Serious Work Accidents: Who’s Responsible? Product Liability; and Who Can Be Held Liable for Construction Worker Accidents?
Seeking Justice After a Catastrophic or Deadly Work Accident in Indiana or Illinois
For those on the job in Illinois and Indiana, the danger of being seriously hurt or killed while at work is unacceptably high.
It is important for these worker victims and their loved ones to know the extent of legal recourse available to them after a catastrophic, life-altering accident at the workplace. Sadly, the law places the duty of pursuing justice upon the shoulders of those already suffering after these tragedies, with a time deadline to file their claims.
There is no requirement that any of the wrongdoers step up and take responsibility for the harm they have caused. The people that are hurting have to fight for justice.
For more, read:
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations
- What Is The Most Dangerous Job in Indiana and Illinois?
- Death on the Job: Industrial Accident Fatalities in Illinois and Indiana
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- The Reality of Widespread Industrial Work Accident Deaths in Illinois and Indiana: Warning to Our Workers.
Work accident victims have to file for workers’ compensation coverage as required by the specific law that applies to their situation. These injured victims and their loved ones will also have to investigate and pursue any personal injury lawsuit against other parties that may have legal liability, as well. Allen Law Group helps victims of work related injuries in Chesterton, Michigan City, Merrillville, Fort Wayne, Chicago, Joliet, and anywhere in Illinois or Indiana. Please be careful out there!
