When can workers sue third parties for workplace injuries?

If you get hurt at work, you can usually file a workers’ compensation claim under the Illinois Workers’ Compensation Act. This system helps pay for medical expenses and wage replacement. You do not need to prove your employer did anything wrong.

But workers’ compensation is not your only option. Sometimes, another company or individual causes your injury—a “third party.” When this happens, you may be able to file a separate case. Knowing when you can sue a third party helps you protect your rights.

What is third-party liability?

Workers’ compensation provides benefits regardless of fault, but it also limits your recovery options. However, when someone other than your employer or co-worker causes your injury, you can pursue additional compensation. A third-party claim allows you to recover damages while still receiving workers’ compensation benefits.

A third-party claim is a separate legal action filed against an individual or company other than your employer. Workers’ compensation has fixed limits, but a third-party lawsuit does not have the same limitations. It allows you to seek full compensation for damages such as emotional distress and lost earning capacity.

When are third-party claims available?

Third-party negligence can occur in various ways across different industries. Common examples include:

 

• Product manufacturers: Defective equipment, machinery and safety gear can cause injuries. Because of this, you can sue the manufacturer, designer or distributor.
• Property owners: Property owners may become liable for dangerous situations if they fail to address hazards.
• Contractors and subcontractors: On construction sites, you can sue contractors who are not your direct employer if their negligence contributed to your injury.
• Negligent drivers: If you sustain injuries in a work-related vehicle accident caused by another driver, you can pursue a claim against that driver and their insurance company.

Third-party negligence can happen in many ways. These individuals and companies become factors that directly cause or contribute to your injury.

Taking action

Document as much as you can if you sustain an injury at work. Remember, accepting workers’ comp benefits does not waive your right to pursue third-party claims. 

Accepting workers’ comp benefits usually does not mean you give up your right to sue a third party. In many cases, pursuing both claims can help you recover full compensation. A legal professional with experience in both workers’ compensation and injury cases can help identify your options.