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Workplace Accidents

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. 

 

 


Monday, June 30, 2014

Hurt at Work?

Most individuals harmed in workplace accidents realize that they are entitled to Worker's Compensation benefits to compensate for their injuries.  However, a lesser known fact is that individuals harmed while on the job may also have third party liability claims.  When a third party causes you to suffer an injury--even if it occurs while you are at work--you may be entitled to monetary benefits in the civil litigation arena.  In the event of a workplace injury, it is essential that you contact an attorney immediately to determine what parties may bear responsibility for your damages.  Ryan, Ryan & Landa attorneys are experts at assessing workplace accidents to determine whether you have an independent tort claim.  Contact us today. 


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Ryan Ryan & Landa represents clients in matters involving catastrophic injuries, wrongful death, medical malpractice, personal injury, insurance litigation, worker’s compensation, construction accidents, and motor vehicle accidents in the Chicagoland area and throughout Illinois.



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