Should I File a Third-Party Claim for Construction Accident Injuries?

 Posted on September 10,2021 in Construction Accidents

Many construction workers in Illinois are aware that if they are injured at work, they can obtain financial relief through their employer’s workers’ compensation coverage. However, the availability of these benefits may sometimes lead employees to overlook other sources of compensation. In many cases, it is possible to pursue a third-party personal injury claim to recover compensation for the full extent of the damages you have suffered in a construction accident.

When Is a Third-Party Claim Appropriate?

While workers’ compensation benefits may be available regardless of who caused your work-related injuries, the situations in which you can file a third-party claim are more limited. In order to pursue a third-party claim for construction accident injuries, you must be able to demonstrate that someone other than you or your employer was wholly or partially responsible for the circumstances that caused your injuries. Some examples of third parties who may be involved in construction accidents include:

• Other employees or contractors on the worksite

• Owners of the property where the work is being performed

• Drivers of motor vehicles passing the worksite

• Manufacturers of defective construction materials or equipment

Unlike workers’ compensation claims, third-party personal injury claims also typically require the injury victim to demonstrate negligence on the part of the responsible party. This means that the other party owed the victim a duty of care, and the failure to uphold this duty was the cause of the injuries at hand.

If you are unsure whether a third-party claim is warranted in your case, it is a good idea to talk to a personal injury attorney. A lawyer can review the circumstances of your injuries to determine whether third-party negligence may have been a factor, as well as help you gather evidence to strengthen your claim.

Benefits of Filing a Third-Party Claim

While pursuing a personal injury claim can be more complicated than filing for workers’ compensation benefits, it is often worthwhile. A personal injury settlement or verdict could be the sole source of available compensation if, for whatever reason, an injury victim’s workers’ compensation claim is denied. Even if workers’ compensation benefits are granted, the financial relief is typically limited to the victim’s medical expenses and two-thirds of their lost wages. A successful third-party injury claim can secure compensation for the remainder of the wages lost, as well as for the victim’s pain and suffering.

Contact a Chicago Construction Injury Attorney

At Adler Law Offices, LTD, we know that Illinois construction workers are at risk of serious injury due to many different causes, and we want to help you recover the full compensation you deserve if you have been injured. We can advise you regarding a personal injury claim, a workers’ comp claim, or both, depending on the circumstances. To schedule a free initial consultation with our Cook County personal injury lawyer, contact us today at 312-236-2700.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.2