Chicago Third Party Claims Lawyer
Normally, workers’ compensation is the exclusive remedy for people who are injured on the job. The Illinois Workers’ Compensation Act delivers no-fault benefits to these victims, so they can pay injury or illness-related medical bills. Workers’ compensation also replaces lost wages. However, as outlined below, injured workers might have a claim against a third party. These victims might be entitled to additional compensation.
The thorough Chicago third party claims lawyers at Connolly Injury Law never assume your injury claim is a cookie-cutter workers’ compensation claim. Instead, we explore every possible legal option you have. We also carefully explain the pros and cons of each one, so you can make the best possible decisions for you and your family.
A few trauma injuries, like a fall, usually do not involve a co-worker. But much more commonly, a co-worker drops an object, misreads a gauge, fails to safely operate equipment, or is otherwise negligent in some way. Additional compensation could be available in these situations, because workers’ compensation is not designed to cover such injuries.
To obtain such compensation, a Chicago third party claims lawyer must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
The duty of care in a negligence claim usually involves the duty of reasonable care. Individuals must take steps to avoid unintentionally hurting other people. They must keep their hands to themselves while they are at work and drive defensively while they are on the road.
If a person’s behavior falls below this standard, and that breach of duty causes injury, the tortfeasor (negligent actor) could be responsible for damages. These damages usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Sometimes, a thing, instead of a person, is responsible for a workplace accident. In the rush to produce as many goods as possible, and therefore make as much money as possible, companies often take dangerous shortcuts which compromise user safety. The defect at issue could be a:
- Design Defect: Frequently, manufacturers value efficiency over safety in the design process. The 1970s Ford Pinto’s gas tank was in a vulnerable position in order to conserve weight. Many tools that workers count on have cheap grips, no kill switch, or other dangerous design defects.
- Manufacturing Defect: Produce makers often take shortcuts during the manufacturing process as well, mostly by replacing reliable ingredients or components with cheap substitutes. A misaligned screw hole which makes a product unstable is another example of a manufacturing defect.
Generally, companies know about these problems. But they conceal this information from the public, so sales remain robust. In claims like these, injured victims might be entitled to additional punitive damages.
How Can You Tell a Third Party Caused an Injury?
On the surface, a workplace injury is a workplace injury. Many lawyers focus very little on fault in these situations, since workers’ compensation is no-fault insurance. However, at the same time, most victims in these situations suspect that negligence caused the accident.
But a suspicion does not hold up in court. Therefore, our Chicago third party claims attorneys always dig deeper. As outlined above, negligence is a legal accusation which the facts must support. The bottom line is that we always look for ways to maximize your compensation. We never take the easy way out.
Reach Out to a Tough-Minded Cook County Workplace Injury Lawyer
Job-related injury victims are entitled to significant compensation. For a free consultation with an experienced third party claim attorney in Chicago, contact Connolly Injury Law. We routinely handle matters in Lake County and nearby jurisdictions.