Workers Compensation
Work Injury & Third Party Liability
An injured worker may have a workers compensation case and a third party case if the injury was the result of the negligence of a third party. The exclusive remedy provision of the Illinois workers compensation act prohibits the filing of a workers compensation claim against the employer and a third party case against the employer if the employer or a co-employee was negligent in causing or contributing to the injuries. In this situation the injured workers only remedy for his or her injuries is to file a workers compensation claim. In other instances the injuries are caused by the negligence of a third party, such as a general contractor, subcontractor or another employer at the site. If this is the case the injured worker will have not only a workers compensation case against the employer but also a third any "personal injury" case. Third party cases are common when multiple employers are present on one site or one place. If you believe a third party was liable for your work injuries please contact Leonard Law Group for an immediate consultation. Do not wait as the statute of limitations for third party cases is different than that of workers compensation cases.