“Filing a Third-Party Claim Agains Another Worker?”
Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”
Today’s Question: “A fellow worker was driving the wrong way and hit my vehicle. Can I file a Third Party suit?”
Chicago Personal Injury Attorney: “A third party suit is a separate legal case against someone other than your employer who might have been at fault in causing your injury. Most cases in which an individual is injured while operating a motor vehicle on the job do result in a third-party case. You would have your workers compensation claim against your employer, and you would have an entirely separate third-party lawsuit for automobile negligence against the operator of the motor vehicle who injured you.
A third party case, if you can prove liability, is typically worth far more than a worker’s comp claim. The reason is because in a third-party case, you can recover money damages for pain and suffering, mental anguish, full wage replacement, and so forth. These are things you’re not allowed to recover for in a workers comp claim, where the remedy is limited to lost time, permanent disability and medical bills.
However, in your case, because you were injured by a fellow employee, you fall into an exception to the general rule. You would not have the right to file a third party claim. In Illinois, we have what is called the “fellow servant” rule. Under the fellow servant rule, if you’re injured as the result of a negligent coworker, your exclusive remedy is under the law of Workers Comp, and you do not have the right to bring that separate lawsuit against your fellow servant.”
If you have questions about Workers Compensation cases in Illinois, personal injury lawyers will be happy to help. In Chicago, personal injury attorneys who specialize in workers’ comp cases are very familiar with the laws that apply to our state.
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