Is workers compensation my only recourse for recovering damages when injured on the job? Actually, there are several instances when you can file a personal injury claim to win compensation for injuries sustained on the job. For instance, if you were injured by a defective product, you may be able to bring a products liability claim against that product's manufacturer, designer, or seller.
Likewise, if your injury involved a harmful substance like asbestos, you may be able to file a toxic tort claim against the manufacturer. You may also find that you were injured on a job due to a 3rd party’s negligence (see below). It's always important to discuss your workplace injury case with an experienced personal injury attorney like those at Panio Law Offices, who can help determine what possible claims you may have and against whom based on the circumstances of your injury.
Is there a Statute of Limitations for work-related accidents and if so, what deadlines should I remember? There are actually two important time periods to consider. The first, is the period to give notice to your employer that you were injured and that the injury arose out of your employment. You should notify your employer as soon as possible, but not longer than 45 days after the date you became injured and knew it was work-related.
The second period is the statute of limitations period to file your claim with the Illinois Workers’ Compensation Commission. You have the longer of: two years from the last payment of compensation from your job, or three years from the date of your injury.
What recourse do I have if my employer does not carry workers compensation insurance and I am injured on the job? In such instances, Illinois personal injury law allows employees to file a personal injury claim against their employer. Keep in mind that while you may be able to recover larger awards than workers comp allows, you will have to prove that your employer was responsible for the injuries you suffered on the job, which is not required when filing a workers comp claim.
What if I am injured by a third party on the job? What recourse do I have then? If you are injured on the job but those injuries are caused by a third party not related to your employer (i.e., a road worker is hit by a driver on the road), you may be able to file personal injury claim against that third party in conjunction with your workers compensation claim (i.e. a general contractor’s negligent supervision or control over you which leads to an injury, a danger on a 3rd party’s property which leads to an injury).
Again, it's imperative that in such cases you speak with an experienced personal injury attorney to determine what options you have for recovering damages for injures and losses given the circumstances of your case. Call Panio Law Offices at 800.799.7561 to speak to an attorney. We have a track record for recovering large damages for our clients in all areas of personal injury. We can help.