When is a Workers’ Compensation Case More than a Workers’ Compensation Case?

Published on Nov 19, 2020 at 6:17 pm in Workers' Compensation.

Two construction workers cutting boards

When a person is hurt on the job and needs help obtaining compensation for their injuries, the first thought is to file a workers’ compensation claim. That is certainly an appropriate starting place, but at Prince Law Firm we do not stop there if you decide to reach out to us. Instead, our team carefully studies your case to determine whether there are other potential avenues of recovery. Our goal at Prince Law Firm is to help our client put their life back together after a serious injury. One way that we help accomplish this is to look beyond the obvious to maximize the injured worker’s monetary compensation.

In some cases, the injured worker’s injuries may have been caused by someone other than just the employer. If an injured worker is hurt on the job, and the injury was caused in some part by the wrongful actions of another person or company, then you might have what is called a “third-party” case. In addition to pursuing a workers’ compensation claim, you might also be able to pursue monetary compensation from the “third-party.” For instance, if a worker is driving a vehicle while performing their employment duties and they get rear-ended by another driver, then they can pursue both a workers’ compensation claim and a separate claim against the driver who caused the car crash.

How does pursuing a “third-party” claim help us maximize an injured worker’s monetary recovery? In short, a “third-party” claim allows the injured worker to make a claim for some elements of damages and harms that are not allowed in a workers’ compensation case. In an Illinois workers’ compensation claim, the injured person is allowed to recover for 2/3 of the lost wages, medical bills, and for the percentage of disability caused by the injury as it relates only to your ability to perform your job duties.

In a “third-party” case, however, the hurt worker is entitled to recover for additional damages and harms that are not permitted in workers’ compensation, such as 100% of the lost wages (as opposed to just 2/3 in a workers’ compensation case), medical bills, pain, suffering, loss of enjoyment of your normal life, disability, and disfigurement. Compensation in a “third-party” case is typically more than what is realized in a workers’ compensation case. This is why we go the extra mile for our clients at Prince Law Firm.

Call us at 618-997-2111 or fill out our convenient online form for a free consultation.



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