A workers’ compensation case is not the only way to be compensated for an on-the-job injury when another company on the job site caused the injury. Our attorneys are experienced in identifying additional liability cases within workers’ compensation claims.
In Illinois, generally, an injured worker cannot sue its employer; the workers’ compensation case may be the only way to be compensated by the employer. However, an injured person may also be able to pursue additional compensation against any other party that may have contributed to the job-related injury. These additional cases are commonly referred to as third-party cases, as they are claims against companies—other than the employer—for the injury.
For example, if a defective tool or machine caused the injury, the injured worker may be able to pursue a third-party product liability case against the manufacturer. Such claims would also include defective warehouse vehicles, warehouse storage shelving units, forklifts, scaffolding, scissor lifts and an array of industrial tools and machines.
Another common scenario occurs where a third-party case arises when an injury occurs on a job site that has employees from multiple trades/employers. For example, if an employee of a subcontractor causes an injury to...