Injured at work and already getting workers’ comp? You may be able to sue on top of it.
Workers’ comp isn’t always the end of the story. If someone other than your employer helped cause your injury, you can often bring a separate lawsuit against them and recover far more. Here’s how it works, from our attorneys, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“Yes. If you’re injured and you collect workers’ compensation benefits, you can also file a lawsuit against the person, corporation, or product that injured you. What happens is we’ll have to pay back a significant portion of the workers’ comp you received. But you can also sue and recover directly from whoever caused the injury.”
Stephen J. Phillips
“This is a very common question, and the answer is yes. In most cases, even if you’re receiving workers’ compensation benefits, you can file a claim separate and apart from your workers’ comp claim for money damages, and have both cases pending at the same time. That’s something we see frequently.”
Workers’ Comp vs. a Third-Party Lawsuit
These are two different claims, and they can run side by side.
Workers’ compensation comes from your employer’s insurance. It pays no matter who was at fault, but it’s limited to your medical bills and a portion of your lost wages. It gives you nothing for pain and suffering.
A third-party lawsuit is different. It goes after someone other than your employer who helped cause the injury, and it can recover the full range of damages, including the pain and suffering that comp leaves out.
Who Counts as a “Third Party”?
Anyone besides your employer whose negligence contributed to your injury.
On a construction site, where these claims come up constantly, it’s often a subcontractor or the maker of a defective machine. In a work-related car crash, it’s the driver who hit you.
The Catch: The Workers’ Comp Lien
There’s a trade-off Stephen D. mentioned.
When you recover from a third party, you usually repay part of the workers’ comp benefits you already received. That’s called a lien. It sounds like a downside, but the third-party case often recovers far more than the lien costs you, which is why it’s usually worth pursuing.
Why This Matters in Construction Cases
Construction sites are crowded with different companies, which is exactly why third-party claims come up so often there. Our Chicago construction accident lawyers look at every party on the site, not just your employer, to find the full recovery you’re owed. The same holds for any Chicago workers’ compensation case where an outside party played a role.
Talk to a Chicago Work Injury Lawyer
Getting workers’ comp doesn’t mean that’s all you can recover. If someone else contributed to your injury, there may be a second claim worth much more. Let us take a look.
Call (312) 346-4262 for a free consultation. You pay nothing unless we win.
Frequently Asked Questions
Can I sue and collect workers’ comp at the same time in Illinois?
Yes, when a third party helped cause your injury. You keep your workers’ comp benefits and pursue a separate lawsuit against the party at fault.
What is a workers’ comp lien?
It’s the repayment your employer’s insurer is owed out of your third-party recovery, covering part of the benefits it already paid you. Your attorney negotiates it as part of the case.
Why sue if I already get workers’ comp?
Because comp is limited. It doesn’t pay for pain and suffering, and it only covers part of your lost wages. A third-party claim can recover what comp leaves on the table.
