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Category: Construction Accident

Third Party Injury Claims in Workplace Injuries

When people are injured on the job, it doesn’t always immediately occur to them at the time the variety of individuals that could be held liable. The one chief concern that typically occupies your mind is getting treatment.

Instantly, people begin to think of workers’ compensation as a recourse. However, there are times when not only the employer bears liability for an employee’s injury or illness. There are times when a third party bears some (or all) of the responsibility.  When circumstances dictate that a manufacturer of a product or piece of equipment (Defective Products/Products Liability) used in the workplace be held responsible for an employee’s injuries, the legal theory under which damages may be pursued is called “Third-Party Liability.”

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Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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Defective Products: Statute of Limitations

Most people understand that Illinois, like every other state in the nation, has a statute of limitations on filing a personal injury claims, imposing a time limit on how long a plaintiff has to file an injury lawsuit.

But filing a defective products personal injury claim has its own time limits, which set further restrictions on how long a claimant has to bring their case before the courts and when that clock actually stops ticking.

Every state has such restrictions for defective product cases and time limits vary. In Illinois, a plaintiff must bring action in a defective products case within two years of the date on which the injury occurred. This differs from other states, which set specific time limits from the date upon which the injury was discovered. The distinction is important because you might suffer an injury and not discover it for weeks or months after (as in the case of a fall that seems harmless but leads to back pain later or exposure to toxic chemicals that later develop into lung injury, for instance).

Illinois also has enacted a 12 year statute of repose that begins the day the product is sold and a 10 year statute of repose that begins the day the product is delivered to the consumer. A statute of repose sets further restriction on defective products suits in that it limits the amount of time you have to file suit irrespective of when you discovered or suffered injury as a result of the product's use.

This places the onus on the consumer to be vigilant in using the product within a time period that the courts deems reasonable.

So if you had purchased a hair dryer in the year 2000, and just recently suffered shock while using it because of what turns out to be a defective switch, even though you filed your case within two years of the injury, your case would likely be summarily dismissed because of the Illinois statute of repose.

These limitations underscore the importance of bringing your claim before the courts as early as possible in these cases. It's also extremely important to consult with an experienced personal injury attorney when filing a defective products case.

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Kinds of Personal Injury Damages

When a person is awarded damages in a personal injury case, there is, of course, a distinct rationale behind the monetary award given. In most cases, the intent of monetary damages is to compensate the plaintiff for loss and/or damaging effects that result from an accident.

The defendant, or their insurer, is made to pay the award to the plaintiff (either by a court order or through negotiations) in an effort to make them "whole" of their loss as a result of the accident.

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Personal Injury Damages and What They Cover

Damages awarded in a personal injury case can seek to remedy a variety of issues that result from an accident. Below are a few descriptions of many of the variety of damages (compensatory and punitive) for which a plaintiff may be eligible in a personal injury case.

Medical:
In nearly every personal injury case a plaintiff will seek medical damages. Medical damages are meant to compensate the plaintiff for any medical treatment they have received as a result of the accident as well as an estimate of any future medical treatment to address those injuries or even future injuries that may stem from those injuries.

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