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What is a "third-party" claim, and do I have one?
In addition to a workers' compensation claim, an injured worker may have a viable "third-party" claim against someone other than the employer whose negligence caused the injuries.
For example, if a traveling salesperson is involved in a car accident where someone else was at fault, he will have a third-party claim against the other driver. Or if a worker slips and falls in the company parking lot due to negligence on the part of a contractor hired to plow the snow, she may also have a viable third-party claim against the contractor.
Third-party workers' compensation claims commonly arise from accidents at a construction site. In Illinois, property owners and general contractors are required to keep construction sites in a safe condition for workers. An injured worker may therefore have a viable third-party claim against the owner or the general contractor for their failure to maintain a safe work environment.
In a third-party claim, you may be entitled to recover different and additional kinds of damages including pain and suffering and loss of a normal life. That is why third-party cases often result in much higher damage awards than workers' compensation claims. The workers' compensation insurer would, however, have a right to recoup a portion of the benefits it paid from the proceeds of the third-party case.
The attorneys at Drake & Collopy, P.C. have over two decades of combined experience handling both workers' compensation claims and third-party claims. It is highly desirable to have a single law firm represent the injured worker in both types of claims given the complex interaction between the two. Most injury attorneys will handle either the workers' compensation claim or the third-party claim, but not both. We at Drake & Collopy, P.C. have the requisite experience and knowledge to effectively handle both types of claims and to maximize the overall recovery.
Visit our personal injury web site for more information on third-party negligence claims.
Contact the experienced workers' compensation attorneys at Drake & Collopy, P.C. online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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