Workplace Accident Lawsuits
The first step in any personal injury case is to determine who was “at fault” for the accident. Negligence could be placed on a company, an individual, property owner, and/or a product. In addition, different scenarios can occur where the injured party can recover compensation through the employer’s workers’ compensation insurance and/or file a third-party lawsuit (i.e. product liability, premise liability, etc).
Nuances for workplace accidents also exist depending on the state laws, employee classification and whether the company or individual intentionally hurt the worker:
- Independent contractors: Unfortunately independent contractors are not covered by workers’ compensation laws and therefore, in order to seek damages they must sue for personal injury under theories such as negligence, product liability, and premises liability.
- The employer does not have workers’ compensation: Legally in Illinois, most employers are required to have workers’ compensation (including small businesses with only one part-time employee and/or if there is a higher degree of risk associated with the business/work). If the employer does not have coverage, injured workers may still secure compensation either directly from the employer or through the state workers’ compensation agency.
- Filing for workers’ compensation: The general rule is that injured employees cannot sue their employers in court for work injuries unless the employer does not have workers’ compensation insurance.
What To Do If You Are Injured On The Job
Whether you’re an employee or an independent contractor, the first thing to do after suffering from a work injury in Chicago is to seek medical attention and treatment. As a result of the job-related injury, both the employee and the employer have responsibilities that must be done in a timely manner.
- Employer Notification: Employee must notify the employer of the injury within 45 days of the date of the injury.
- Employer Responsibilities: Once an employee has notified the employer, the employer must inform the workers’ compensation insurance carrier or administrator and must do so regardless of whether the employer plans to dispute the claim.
- If the employee cannot work for more than 3 days due to the injury, the employer must file Form 45 and then do one of the following:
- start paying employee benefits from workers’ compensation;
- provide employees with a written explanation and request additional information; or
- give the employee a written explanation regarding why benefits are being denied.
What Workplace Accidents Not Covered By Workers’ Compensation?
Workers injured by someone other than their employer or coworker may have the right to sue another entity or another individual. For example, if the injury was the result of a defective product, he or she may be able to sue the manufacturer of the machine. A manufacturer can be held strictly liable and can also be held liable for negligence and failure to warn.
A worker who is injured by a toxic substance in the workplace (asbestos or benzene), may be able to bring a toxic tort lawsuit against the manufacturer of the toxic substance or safety equipment that failed to protect against the substance. Toxic tort lawsuits can be brought to recover acute, immediate injuries like a chemical burn, as well as latent injuries, such as cancer and lung diseases like mesothelioma.
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