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Compensation in Addition to Workers’ Comp

Dec 4, 2020 | Firm News

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 an employee of the general contractor, then the injured employee may be able to pursue a personal injury/third-party case against the subcontractor/employer.

 Injuries at construction sites need prompt attention and protection. Investigation of the facts by an experienced law firm, including on-site investigation, photographs, and interviewing witnesses, is crucial to the preservation of evidence.

Anesi Ozmon has for more than 65 years representing injured workers and pursued third-party liability claims on behalf of our clients and their families. Our attorneys are skilled at investigating and pursuing cases on behalf of injured workers beyond workers’ compensation.

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