You’re a construction worker who gets hurt on a general contractor’s job site due to unsecured scaffolding, but your employer is a subcontractor. Who’s responsible? How do you seek compensation for your injuries?
Third-party job site injuries are more complex than typical workplace accidents. You may also have more remedies available to you than for injuries caused on your employer’s site.
Ultimately, in Illinois, your rights might extend beyond workers’ compensation if you are hurt on someone else’s job site and a negligent third party causes your injury.
Understanding the typical workers’ compensation scenario
Private industry employers reported 86,200 nonfatal workplace injuries in Illinois in the U.S. Bureau of Labor Statistics’ latest figures.
Tens of thousands of these incidents result in workers’ comp claims each year. Workers’ compensation in Illinois is a no-fault administrative system. This means that injured workers can receive compensation without having to prove any wrongdoing by their employers or navigate any major legal steps.
A range of guaranteed benefits is available under the Illinois Workers’ Compensation Act (820 ILCS 305), including:
- Medical and rehabilitative expenses for the reasonable treatment of all injuries.
- Temporary total disability (TTD) benefits (usually about two-thirds of your average weekly wage while you cannot work).
- Temporary partial disability (TPD) if you need to work lighter duties at reduced pay.
- Permanent partial disability (PPD) or permanent total disability benefits for long-term impairment.
- Vocational rehabilitation or job retraining, if necessary.
Workers’ comp is often the exclusive remedy against an employer for a workplace injury in Illinois. You cannot generally sue your employer for negligence here.
However, you cannot recover pain and suffering, full lost wages, loss of enjoyment of life, or punitive damages in these claims.
By filing a third-party lawsuit, you may have access to more damages to cover your financial losses if you are injured on a job site that’s not your employer’s in Illinois.
What is a third-party workplace injury claim in Illinois?
In industries like construction and logistics, workers frequently spend considerable time away from their employer’s job site while still engaged in work for their employer.
Any entity other than your employer or co-worker that causes accident injuries is considered a third party. In Illinois, this often includes:
- A general contractor.
- A customer (typically, injuries at the warehouse or loading dock).
- The owner(s) of private or municipal property.
- An equipment manufacturer (product liability).
- A maintenance company contracted to keep a facility safe.
- A staffing agency (in some specific circumstances).
(Note: co-workers generally do NOT qualify as third parties in Illinois).
The protections that shield your employer from a lawsuit do not apply to third parties, who must meet their obligations under the Illinois Premises Liability Act (740 ILCS 130).
A duty of care is owed to most workers on a property but to secure compensation from a third party, you must prove that:
- That party owed you a duty of care.
- They breached their duty.
- This directly resulted in your injuries.
- The injuries have caused you losses.
Workers injured on external job sites may be able to file a third-party workplace injury claim. This is a civil lawsuit allowing claims for a wider range of damage than workers’ comp, including:
- Total past and future medical expenses.
- Total past and future lost wages.
- Loss of earning capacity.
- Pain and suffering.
- Emotional distress.
- Loss of normal life.
- Scarring and disfigurement.
These claims are often filed where accidents occur in environments with multiple companies operating simultaneously, resulting in extra complexity.
What if my Illinois employer says the injury was my fault?
Fault does not usually prevent you from receiving workers’ compensation, provided the injury happened while you were doing your job.
However, if you file a lawsuit against a third party, that party or its insurance company may claim the accident that caused your injuries was your fault. They may also contest who was in charge of the job site or the duty of care, to avoid paying out compensation.
In such situations, the strength of the evidence you provide and your negotiation strategy will determine how successful your claim will be.
The “modified comparative fault” rules in Illinois mean that even if you were partly responsible for the accident that caused your injuries, you may still be able to sue the third party, provided your share of the fault does not exceed 50 percent.
Many claimants seek help from a personal injury lawyer when filing third-party lawsuits because of the additional complexities involved.
Can you file a workers’ comp claim AND a third-party lawsuit?
You can file both types of claims. Workers’ comp will pay for medical treatment and a portion of lost wages, while the civil lawsuit seeks compensation for non-economic damages, such as pain and suffering, emotional distress, and the full loss of future earning capacity.
Your employer’s workers’ comp insurer may have a lien on your settlement in the civil lawsuit to protect them from paying out for damages paid in the lawsuit.
An experienced personal injury attorney can help you navigate these complexities to maximize the total you receive.
What to do if you’re injured on a third-party job site
After seeking prompt medical attention for your injuries:
- Report the injury to your employer.
- Document the scene, hazards, and witnesses (valuable evidence to pass to your lawyer).
- Do not give recorded statements to property owners or their insurers.
- Consult a personal injury attorney experienced in workplace/job site claims.
Being hurt on someone else’s job site opens the door to additional compensation beyond workers’ compensation but exploring your legal options is easier with some initial guidance.
We will evaluate your case to see if a third party’s negligence played a role and whether a third-party claim can recover additional damages to workers’ compensation.
Contact a workplace accident lawyer at Dodds Law Office, PC as soon as possible, to get started on fighting for a fair recovery. No upfront attorney fees and free consultation.
