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Chicago IL Personal Injury Blog

Thursday, October 8, 2015

Worker's Compensation versus a Lawsuit

IF I GET HURT AT WORK, IS MY ONLY REMEDY A WORKER'S COMPENSATION CLAIM?

Not necessarily.  It is certainly true that the typical remedy for a worker that is injured on the job is through filing a worker's compensation claim.  These claims are filed and litigated with the Illinois Industrial Commission and are heard before an arbitrator.

That said, a majority of on the job injuries are attributable to third-party (non-employer) negligence.  For example, a host of injuries at construction sites are due to lack of adequate safety protection by the general contractor, unsafe staging and scheduling of work, or provision of improper equipment by a non-employer.  Similarly, individuals routinely sustain slip and fall injuries while on the job, but which are caused by a non-employer's negligence in designing, building, or maintaining their property.  

In the event a non-employer causes or contributes to cause injuries of this sort, an injured party is not limited to worker's compensation as their sole remedy, and can file a personal injury lawsuit. The above scenarios illustrate situations where injured victims need to file such a lawsuit to fully preserve their rights.  This is necessary because personal injury lawsuits allow for recovery of non-economic damages such as pain, suffering, and loss of normal life that worker's compensation claims do not allow. 

In the event that you or a loved one were victimized by a third-party's negligence while on or off the job, contact Ryan, Ryan & Landa today to handle your claim. 

 

 


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