Can I Recover Workers’ Compensation if a Third-Party Injuries Me?

If you’re like most people, you may want to go to work, do your job, and go home. However, when you sustain an injury, this can turn your life upside down. Unfortunately, however, when the injury you’ve sustained is inflicted by someone outside of your company, like a client, customer, or contractor, you may be unsure of your legal options or how to recover compensation for your damages. The following blog explores what you should know about these matters, as well as the importance of working with an Illinois workers’ compensation attorney to help you navigate these difficult times.

What Are Common Third-Party Inflicted Injuries?

In general, one of the most common injuries workers can suffer at the hands of parties not within their company is, unfortunately, violence. For many in the customer service industry, like servers at restaurants, retail workers, and even healthcare workers, physical attacks are not common.

You can also sustain injuries at the hands of outside contractors who are in contract with your company to preform work. For example, if you work in construction, your company may hire a tree removal company to remove trees around your job site. However, if the tree removal workers injure you, whether it be dropping equipment or branches, or even hitting you with machinery, it can result in serious damage.

What Are My Legal Options?

It’s imperative to understand that if you are injured due to the actions of a third party, whether it be a customer or contractor hired by your company, you are entitled to workers’ compensation so long as the other requirements are met. This generally means that so long as the injury occurred on company property or while you are engaged in work-related activities that fall under the scope of your job responsibilities, you can pursue a claim. This is because workers’ compensation is a no-fault system, so you can recover the funds you deserve for the injuries caused by another party without having to prove their negligence. However, if the injury you suffer is unrelated to work and revolves around a personal matter, you may not be eligible for workers’ compensation.

You should note that if you are attacked by a customer, for example, you may be able to file an additional third-party claim against them for damages. This includes non-economic damages you may have sustained in the incident, like pain and suffering, humiliation, or loss of enjoyment of life. These damages are not recoverable under workers’ compensation, making a third-party lawsuit a viable option.

As you can see, navigating an injury that occurred at work due to another party can be incredibly difficult. That is why working with an experienced workers’ compensation attorney is critical. At the Law Firm of Kevin A. Moore, we understand that navigating a workers’ compensation claim can be difficult due to the number of factors involved, which is why we are dedicated to making this process as simple as possible so you can recover the compensation and justice you deserve. Contact us today to learn more.