Under Illinois law, injured workers have the right to file a workers’ compensation claim to seek medical care and lost wages. Illinois has a no-fault workers’ compensation system. This means that an injured construction worker can obtain benefits, regardless of whether the employee or employer was at fault. In, Illinois workers are generally prohibited from filing a work injury lawsuit against their employer. The workers’ compensation insurance claim is an injured construction worker’s only remedy against their company.
However, Injured Construction Workers Can Sue Negligent Third-Parties
While injured workers may not be able to sue their employer, they can sue other responsible parties. There are often many different companies involved in construction project. If another company, property owner, or individual caused your construction accident, you have the right to file a personal injury lawsuit
You Can Still File for Workers’ Compensation Benefits
Injured Illinois construction workers have the right to seek workers’ compensation benefits and to file a third-party liability claim. You do not have to select one or the other.
You Must Prove Negligence to Win Your Case
Unlike workers’ compensation claims, third-party claims are based on negligence. To win against a third party, you will be required to prove that their negligence contributed to your accident.
You May Be Entitled to Additional Compensation
If you are successful, a third-party liability lawsuit may open up a path for significantly more compensation than would be available through workers’ compensation insurance alone.
You Only Have a Limited Amount of Time to Act
Third-party construction accident lawsuits are subject to the Illinois personal injury statute of limitations. If you were hurt or a family member died in an Illinois construction accident, the best thing you can do to protect your rights is to consult with an experienced work injury attorney immediately.
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