Chicago, IL Third Party Liability Lawyers

Experienced Lawyers Assisting With Third-Party Claims for People Injured at Work in Chicago, Illinois

Workers who suffer injuries on the job will typically be eligible for benefits through the workers' compensation system. Workers' comp will cover medical expenses and a portion of lost wages, and these benefits will be available regardless of who was at fault.

While this system can provide injured workers with some financial support, workers' compensation has significant limitations. Benefits will generally replace only two-thirds of lost wages, and they will not provide compensation for pain and suffering or emotional distress. Workers' comp may not fully address the financial impact of serious injuries. When someone other than an employer contributed to a workplace accident, a person may be able to file a third-party liability claim, which may provide additional compensation.

The personal injury attorneys at Gallagher & Kosner Law help injured workers in Chicago pursue third-party claims. Our legal team understands how to identify the parties who may be held liable and take steps to obtain full compensation for the damages a person has suffered. We work closely with clients to ensure that they will have the financial resources they need as they recover from their injuries.

Why Additional Compensation May Be Needed After a Work Injury

Workers' compensation laws prevent employees from suing their employers for workplace injuries in most cases. Since workers' compensation provides benefits for all work-related injuries, employees may be covered whether they, their employer, or other parties were at fault. However, this means that even if an employer's negligence directly caused a person's injuries, they generally cannot file a personal injury lawsuit against the employer.

This system is meant to ensure that employees will receive guaranteed benefits without needing to prove their employer was at fault, while employers can gain protection from liability. However, even when receiving workers' comp benefits, an injured worker may not be able to fully address the losses they have experienced.

Third-party liability claims can help to fill this gap by allowing workers to secure compensation from parties other than their employer who contributed to their injuries. These claims may allow for additional compensation that would not be available through workers' compensation, including the full amount of a person's lost wages, pain and suffering, and emotional distress.

Motor Vehicle Accidents at Work

People who drive as part of their job duties may be injured when negligent drivers cause car accidents. Delivery drivers, sales representatives, construction workers traveling between job sites, and others who spend time may suffer serious injuries when other drivers act negligently. In these cases, a person may pursue a third-party claim against the at-fault driver.

For example, a delivery driver who is struck by a drunk driver while making deliveries in Chicago may receive workers' compensation that will cover their medical treatment and provide partial wage replacement. However, they may also file a personal injury claim against the intoxicated driver, which could provide them with full compensation for lost income, pain and suffering from their injuries, property damage to personal items in the vehicle, and other losses not covered by workers' compensation.

Defective Equipment and Product Liability

Workers may use tools, machinery, vehicles, and equipment when performing their jobs. When defective products malfunction and cause injuries, the manufacturers, distributors, and sellers of those products may be held liable through third-party product liability claims.

Construction workers may be injured by defective power tools. Factory employees may be harmed by malfunctioning machinery. Warehouse workers may be hurt by defective forklifts. Healthcare workers may be injured by faulty medical devices. These injury victims may all have potential third-party claims against product manufacturers. Product liability claims will proceed separately from workers' compensation claims, and they may result in substantial compensation.

Product liability claims may also be based on injuries caused by defective personal protective equipment that fails to protect workers as intended. Hard hats that crack upon impact, safety harnesses with defective buckles that release and lead to falls, or protective eyewear that does not adequately shield against flying debris can lead to injuries, and manufacturers may be held liable for their failure to ensure that these devices function correctly.

Premises Liability on Work Sites

Workers who perform jobs at locations that are not owned or controlled by their employer may be injured due to dangerous property conditions. Construction workers at building sites, delivery drivers who enter people's properties, maintenance technicians who provide service to equipment, and home healthcare workers who visit patients' residences may face potential hazards.

Property owners owe duties to people who are allowed to enter their premises, including workers performing services. When owners fail to maintain safe conditions or provide warnings about known hazards, they may be liable for the injuries that occur as a result.

For example, an electrician working at a commercial building may fall through a rotted section of floor that the property owner knew was damaged but failed to repair. In this situation, they may be able to pursue a premises liability claim against the building owner.

Negligent security may also be a factor in cases where workers are assaulted on third-party properties. A home healthcare aide who is attacked in an apartment building with broken security doors may be able to pursue a claim against the property owner and hold them responsible for the harm they have suffered.

Legal Help With Third-Party Claims

Injured workers may not realize what options are available to them after suffering injuries in the workplace. Our lawyers can conduct thorough investigations of workplace accidents to identify all potentially liable parties. We can examine the circumstances of an injury, the equipment involved, and the location where the accident occurred to determine who may have contributed to the hazardous conditions that caused an injury.

We can gather evidence such as accident reports, photographs, witness statements, product documentation, maintenance records, and other materials to establish third-party negligence. By working with accident reconstruction professionals, engineers, and other specialists when necessary, we will build compelling cases that demonstrate liability. We will take steps to fully document the damages a person has suffered, and we will work to maximize the compensation they can receive.

Contact Our Chicago, Illinois Third-Party Liability Lawyers

When injuries at work involve parties other than a person and their employer, steps can be taken to ensure that third parties can be held liable. The lawyers at Gallagher & Kosner Law can evaluate these cases, identify potential third-party claims, and work with clients to obtain the full financial recovery they deserve. Contact our Chicago third-party claim attorneys at 312-910-5050 to set up a consultation and get information about the best options for compensation following a workplace injury.