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January 24, 2008

Chicago Personal Injury Attorneys on Illinois Workers Compensation Claims – Part II: Third-Party Cases

Filed under: Illinois Workers' Comp Attorneys, Chicago Personal Injury Attorney — Chicago Personal Injury Attorney Pro @ 6:22 am

Third-Party Cases

In the previous posting we discussed the legal ramifications of a Workers’ Comp claim in Illinois. If someone other than your employer was at fault or otherwise legally responsible for your injury, you may have the right to pursue a separate, “third-party” case.  Chicago Personal Injury Attorneys can help you determine whether or not this applies to your particular case.

According to the law in Illinois, Personal Injury Lawyers may hold a third-party liable for any number of reasons, some of which may include negligence or carelessness (or breach of a duty imposed by law); manufacture of a dangerous or defective product; violation of a state or federal statute; or participation in certain ultra-hazardous activities. Awards in third-party cases are often greater than the workers’ comp benefits which may be available for the same injuries.

In most third-party cases, there is no fixed limit on the dollar amount of damages you may recover for your injuries. To determine whether a third party is legally responsible for your injury, you should give a complete description of your accident to an Illinois Personal Injury Lawyer. Investigation of a third-party case should be made immediately, while the evidence still exists. Your Illinois Workers Comp Lawyer will want to photograph the occurrence site or the equipment involved in the accident, and interview witnesses (or persons with knowledge of the accident) while the facts are still fresh.

If you delay in contacting a Chicago Personal Injury Attorney, the people and/or companies who caused your injuries will be gaining an unfair advantage in your case, since they are likely to be gathering evidence, taking photographs and interviewing witnesses with an eye towards damaging your case and/or reducing its dollar value. Furthermore, the statute of limitations for your particular case may expire, after which point even the most dedicated Illinois Personal Injury Lawyer has no legal grounds to pursue compensation

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