Exclusive Remedy Rule and Third Parties in Illinois Workers Comp
By Jim Bizzieri | Published on July 25, 2011 | 0 Comments
Workers compensation law is meant to protect both employees and employers from workplace accidents. Without the law, employees injured on the job may find no recourse for recovering medical expenses and lost wages. Workers compensation also benefits employers as in can often protect them from lawsuits that might drain company resources. However, there are cases that fall into a category beyond the scope of a normal workers comp claim, and this is where a Chicago workers compensation lawyer can help injured people receive their due benefits.
James Bizzieri, workers comp lawyer in Chicago, with the Bizzieri Law Offices, says that most cases of workers comp are affected by what’s known as the exclusive remedy rule. “In the state of Illinois, the exclusive remedy rule says if you’re injured on the job, you can only make a claim of workers comp and nothing more” Bizzieri says. He goes on to explain that unless the employer intentionally injured the worker, or demonstrated such egregious negligence that it amounted to an intentional act, the worker is not allowed to sue the employer and must find recourse through the normal workers’ compensation channels. This means filing with the employer and cooperating with the employer’s insurance company.
To determine payouts in such a case, the worker will need to be inspected by a doctor who will then judge the extent of the injury. “Everything is labeled in the workers comp world so that each part of your body has a monetary value. The whole body has a value if you die and your loved ones are left to collect.”
However, while most cases of workplace injuries are limited by the exclusive remedy rule, Bizzieri says there is another kind of case he and other Chicago workers compensation lawyers take involving a third party who is responsible for the injury, a condition that frees the injured person to sue for extra damages.
“If you’re injured as a result of a third party, the exclusive remedy rule doesn’t apply to the third party and you can sue them in a court of law.” Bizzieri recalls a current case he is working on in which a construction worker was injured on the job, but the injury was actually the fault of a private contractor who was working on the same site. What then happens, Bizzieri says, is that the two insurance companies – the private insurance company and the employer’s insurance – will then become entangled and forced to work out which is more responsible.
In the end, Bizzieri says that regardless of whether one suffers from a typical workplace injury or as a result of the negligence of a third party, one should hire an experienced Chicago workers compensation lawyer to help maximize their claims and handle the case properly.
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.