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Seeking Compensation from Third Parties for On-The-Job Injuries

Posted on in Workers' Compensation

Illinois on-the-job injuries, Crystal Lake Workers' Compensation LawyerSometimes an employee's work-related injuries are caused by the negligence of a third party. For example, this may occur when an employee on a work-related errand is involved in a car accident with another driver and sustains serious injuries. When this happens, the employee may be eligible for workers' compensation benefits as well as additional compensation from the third party driver.

If the injured employee involved in a car accident is a covered employee under the law, he or she would receive workers' compensation benefits from his or her employer following the accident. In addition, the Illinois Workers' Compensation Act allows for claims to be made against third parties who cause the employee's injuries through negligence. The claim against the third party would be a personal injury lawsuit filed by the injured person or his representative. In order to receive money damages from the third party driver, the injured employee would have to show that the accident was caused by the other driver.

The ability to gain workers' compensation benefits while pursuing a claim against the third party driver can make a world of difference to the employee, especially if the injuries are serious enough to keep him or her from working.

However, the law is also focused on ensuring that a person injured in an accident and eligible for compensation does not receive a windfall. For this reason, an employee who is successful in receiving compensation as a result of a personal injury lawsuit or settlement is required to reimburse the employer for any workers' compensation benefits paid out in relation to the same injuries. But, even with employer reimbursements, the employee who pursues a personal injury claim could come out ahead depending on how much a jury awards him or her. The employer is also required to pay for 25 percent of the employee's attorney's fees related to the recovery of the award or compensation.

The employer has a right to reimbursement even when the employee does not seek compensation from the third party. If the employee could have sued, but did not, and the statute of limitations is about to expire, the employer can file a lawsuit on the employee's behalf and seek the compensation to cover its reimbursement.

Contact Us for Legal Assistance

If you were injured in a car accident or through the negligent actions of another person, you may be eligible for both worker's compensation benefits and personal injury compensation. Before deciding whether to pursue one or both claims, consult with a workers' compensation attorney who also handles personal injury claims. Contact the experienced Crystal Lake, Illinois workers' compensation attorneys at Botto Gilbert Lancaster, PC for a free consultation to discuss your options.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

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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