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Crystal Lake Workers' Compensation Lawyers

McHenry County third party claims lawyer

Third Party Liability Claims in Illinois

In Illinois, a worker cannot sue his/her employer outside the Workers' Compensation Act. In Illinois, an employee who suffers an injury on the job can sue his employer only within the rules outlined in the Workers' Compensation Act. However, when the cause of the accident is due to someone other than your employer or a co-worker, then you can file a personal injury lawsuit, which is known as a third party cause of action. At the law office of Botto Gilbert Lancaster, PC, attorney Botto is skilled in handling third party claims. He carefully investigates workplace injury cases to identify all liable parties and pursue maximum compensation for his clients.

Third Party Claims In The State Of Illinois

If you are injured in the workplace, workers' compensation is designed to compensate you for your injuries. The true value of an injury, however, is not always fully recovered under workers' compensation alone as the law limits how much you can receive. For example, under the W.C.A., an injured worker is not entitled to pain and suffering. If another party that is not your employer or a co-worker is more than 50% at fault for your injury, pursuing a personal injury case against that party can help you obtain full compensation for your injury.

There are numerous situations in which a third party claim could be pursued, as the third party does not have to be solely liable. Third party claims are common in construction site accidents.

If the negligence of the general contractor or a subcontractor or a worker employed by someone other than your employer caused your accident, you can bring a suit against that party. Or if you are injured in a car accident or truck accident while driving for work purposes, you may have a case against the other driver at fault for the accident (provided he is not a co-worker).

If you believe you may have a third party cause of action for your workplace injury, contact attorney Botto to schedule a free consultation. We will examine the circumstances of your accident and offer reasoned advice on the potential success of a third party claim. We are located in Crystal Lake, Illinois and serve clients throughout McHenry County and Northwest Illinois. We offer convenient appointment times including Saturday hours, and we are available for home visits for those who cannot travel.

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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