When you’re injured on the job, workers’ compensation is usually your first source of support — covering medical care and a portion of your lost wages. But if someone outside your employer played a role in your injury, you may have access to additional compensation through what’s called a third-party claim.
What Is a Third-Party Claim?
A third-party claim is a separate legal action you can file against someone other than your employer or a co-worker whose negligence contributed to your injury. These claims can be pursued alongside your workers’ compensation case and may offer compensation for damages that workers’ comp does not cover, such as:
- Pain and suffering
- Emotional distress
- Full lost wages (beyond what workers’ comp pays)
- Loss of future earning capacity
Unlike workers’ comp, which is handled through an administrative process with the Illinois Workers’ Compensation Commission, third-party claims are filed in civil court and follow different legal procedures. You may also be entitled to a jury trial, and damages are not capped or restricted in the same way as they are under the workers’ compensation system.
Common Situations That May Qualify
Not every workplace injury involves a third party, but many do. Here are a few common examples where a third-party claim may apply:
- Auto accidents while working, such as a delivery driver hit by another driver
- Defective equipment or tools that malfunction and cause injury
- Hazardous conditions on someone else’s property, like a subcontractor’s unsafe job site
- Negligent vendors or contractors who cause accidents at your place of work
In these cases, you may have grounds to sue the at-fault individual or company in civil court, even while your workers’ compensation claim remains active.
How Does a Third-Party Claim Affect Your Workers’ Comp Case?
You can pursue a third-party lawsuit without giving up your right to workers’ compensation benefits. However, handling both a workers’ comp case and a third-party personal injury lawsuit at the same time requires careful coordination. The timing, evidence, and legal strategies often overlap, and one case can affect the other. While many injury law firms just handle one type of claim or the other, at The Illinois Hammer, we can handle both types of cases in-house, streamlining the process and negotiating with all parties involved to maximize your recovery and protect as much of your compensation as possible.
Talk to Us About Your Injury and Every Option You Have
At The Illinois Hammer Injury Law Firm, we know that not all workplace injuries are straightforward. If someone outside your company caused or contributed to your injury, we’re here to help you explore every avenue for compensation. Contact us for a free consultation, and let’s make sure no opportunity for justice is left on the table.
