Hurt at Work Because of Someone Else’s Negligence? Workers’ Comp vs. Third-Party Lawsuits Explained
If you were hurt at work in Illinois, you might be wondering:
- “Can I sue someone if I was injured at work in Illinois?”
- “Can I get more than just workers’ comp?”
- “What if another driver hit me while I was working?”
- “What if I slipped and fell in a parking lot or loading dock while delivering?”
- “What if another contractor caused my construction accident?”
In many cases, the answer is: yes, you can do both. You may be able to receive workers’ compensation benefits through your employer and also file a third-party personal injury lawsuit against the person or business that actually caused your work accident.
This guide explains, in plain English, the difference between workers’ comp and third-party claims in Illinois, when you can sue someone else while on workers’ comp, and how this works for:
- Delivery drivers (Amazon, UPS, USPS, FedEx, gig drivers)
- Truck drivers and commercial drivers
- Construction workers on multi-employer job sites
- Workers who slip and fall on someone else’s property while on the job
For general information about work injuries and benefits, you can also review:
Chicago Workers’ Compensation Lawyer.
You may be entitled to workers’ comp and a third-party settlement. We can tell you in a free consultation.
Contact Us for a Free Work Injury Case Review →
Call Now: (312) 739-0000
What Does Workers’ Compensation Cover in Illinois?
Workers’ compensation in Illinois is a no-fault system. If you are hurt in the course and scope of your job, you generally do not have to prove your employer did anything wrong to receive benefits. Under the Illinois Workers’ Compensation Act, qualifying employees can receive:
- Medical and rehabilitative expenses for treatment reasonably required to cure or relieve the effects of the work injury;
- Temporary total disability (TTD) benefits, usually about two-thirds of your average weekly wage while you cannot work;
- Temporary partial disability (TPD) if you are working light duty at reduced pay;
- Permanent partial disability (PPD) or permanent total disability benefits when there is long-term impairment;
- Vocational rehabilitation or job retraining in some cases.
For specific details, see Illinois law and guidance from the Illinois Workers’ Compensation Commission:
Illinois Workers’ Compensation Commission.
However, workers’ comp does not pay for everything. It does not provide separate compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
That is where a third-party claim may come in.
What Is a Third-Party Work Injury Lawsuit?
When you are injured at work, there are usually two “sides”:
- You – the injured worker; and
- Your employer – who provides workers’ compensation coverage.
In most situations, you cannot sue your employer for negligence. Workers’ comp is your exclusive remedy against them. But if a person or business other than your employer or co-worker caused your accident, that party is considered a third party.
A third-party work injury claim is a separate personal injury lawsuit against that at-fault person or company. In a third-party case, you can often recover:
- All past and future medical expenses
- All past and future lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of normal life
- Scarring and disfigurement
Our firm explains this interaction in more detail here:
Workers’ Compensation vs Third-Party Claims in Illinois.
Common Examples of Third-Party Work Injury Claims in Illinois
Third-party liability can arise in many different work settings. Some of the most common examples include:
1. Car and Truck Accidents While You’re Working
Many workers are injured in motor vehicle accidents while they are:
- Delivering packages or food
- Driving a truck or commercial vehicle
- Traveling between job sites or appointments
- Running errands for their employer
If another driver caused the crash, you may have:
- A workers’ comp claim through your employer; and
- A third-party car accident claim against the negligent driver and their insurance company.
This is especially common for delivery drivers. Learn more here:
Injuries to Delivery Drivers in Illinois.
2. Slip and Fall Accidents on Someone Else’s Property While Working
Slip and fall accidents are a major source of work injuries, particularly for delivery drivers, sales reps, and workers who travel to job sites or customers’ homes. Common scenarios include:
- Slipping on unsalted ice in a store parking lot or apartment complex
- Falling on wet, slippery entrances with no warning signs
- Tripping on broken steps, loose handrails, or uneven walkways
- Falling in poorly lit loading docks or cluttered back entrances
In those cases, you may be able to sue the property owner or manager for premises liability, in addition to receiving workers’ comp through your employer.
To understand how premises liability works in Illinois, visit:
Illinois Premises Liability Overview and our in-depth guide:
Slip and Fall Accidents in Illinois: Liability, Injuries & Your Legal Rights.
Property owners often argue that the hazard was “open and obvious” or that you should have seen it. We discuss those defenses and the distraction exception here:
Open and Obvious Dangers & the Distraction Exception in Illinois.
3. Construction Site Accidents Involving Multiple Employers
Construction sites commonly involve several employers on the same job: general contractors, subcontractors, trades, equipment companies, and more. If you are a construction worker and another company’s negligence caused your injury, you may have a third-party claim.
Examples include:
- Another subcontractor leaves debris in a walkway, causing a trip and fall;
- A crane, forklift, or heavy equipment operator employed by a different company causes a collision;
- A general contractor fails to enforce safety rules or remove known hazards;
- A different trade removes guardrails or coverings without warning.
In these cases, you may be entitled to both workers’ comp benefits and a separate settlement or verdict against the negligent contractor or company.
4. Defective Machines, Tools, or Equipment
If a defective product injured you at work — such as a faulty ladder, saw, lift, or piece of machinery — you may have a claim against the manufacturer, distributor, or seller under product liability law. In many product cases, you do not have to prove the manufacturer was careless, only that the product was defective and that defect caused your injury.
5. Other Dangerous Property Conditions
Third-party claims can also arise from:
- Inadequate security at a third-party location
- Falling objects on someone else’s property
- Hazardous materials or toxic exposure from outside companies
If your injury occurred off your employer’s premises or was caused by a non-employer, it is worth speaking with a lawyer who understands both workers’ comp and third-party liability.
We can review your accident, identify all at-fault parties, and explain your options.
Find Out If You Can Sue a Third Party →
Call: (312) 739-0000
Can You Get Workers’ Comp and Sue a Third Party at the Same Time?
Yes. In Illinois, you can usually:
- Receive workers’ compensation benefits through your employer’s insurance; and
- File a separate lawsuit against the at-fault driver, property owner, contractor, or product manufacturer.
These cases are completely separate. Workers’ comp is handled through your employer’s insurer, while the third-party case is a personal injury claim in civil court or through negotiation with the at-fault party’s insurer.
However, the workers’ comp insurer often has a lien (a right to be reimbursed) on part of the third-party recovery for the wage and medical benefits they paid. A lawyer can usually negotiate how that lien is handled so you keep as much of your settlement as possible.
How Do You Prove a Third-Party Work Injury Case?
Unlike workers’ comp, which is no-fault, a third-party case is a negligence claim. To win, you must generally prove:
- Duty of care – The third party (driver, contractor, property owner, etc.) had a legal obligation to act reasonably and safely.
- Breach of duty – They failed to meet that standard by acting carelessly or failing to fix a dangerous condition.
- Causation – Their conduct directly caused your work accident and injuries.
- Damages – You suffered actual harm: medical bills, lost wages, pain and suffering, etc.
Evidence that can help prove a third-party work injury claim includes:
- Accident reports and incident documentation
- Photos and videos of the scene, vehicles, or hazards
- Security camera footage
- Witness statements
- Maintenance, inspection, or safety records
- Medical records tying your injuries to the accident
If your case involves a fall, you can learn more about proving liability in premises cases here:
How Is Fault for Injuries Proven in a Premises Liability Case?.
How Much Is a Third-Party Work Injury Case Worth?
Workers’ compensation alone usually does not make you whole. It covers medical bills and part of your income, but not the full impact of a serious injury. A third-party lawsuit may provide compensation for:
- All past and future medical expenses
- All past and future lost wages and overtime
- Loss of earning capacity if you cannot return to your old job
- Pain and suffering
- Emotional distress and anxiety
- Loss of normal life (inability to do activities you used to enjoy)
- Scarring and disfigurement
Every case is different. The value depends on factors like the severity of your injuries, whether you can return to work, the amount of available insurance coverage, and whether there are disputes about fault.
Deadlines for Filing a Third-Party Lawsuit in Illinois
Most personal injury lawsuits in Illinois, including third-party work injury cases, must be filed within two years of the date of the accident. This deadline comes from the Illinois statute of limitations for personal injury claims (see, for example, 735 ILCS 5/13-202).
Workers’ compensation claims have their own notice and filing deadlines, which are different from the third-party case. Because these timelines can overlap and become complicated, it is important to talk to a lawyer as soon as possible after your injury.
What Should You Do After a Work Accident That Might Involve a Third Party?
If you suspect someone other than your employer caused your work injury, you should:
- Get medical care right away and tell the doctor your injury happened at work.
- Report the accident to your employer as soon as you can.
- Take photos or video of the scene, vehicles, hazards, or equipment if it is safe to do so.
- Get names and phone numbers of witnesses, including other workers, drivers, or bystanders.
- Do not give a detailed recorded statement to the other party’s insurance company before speaking with a lawyer.
- Contact an attorney who handles both workers’ compensation and third-party injury claims.
Our firm routinely represents injured workers in both systems at the same time, making sure workers’ comp benefits are protected while we pursue full compensation from negligent third parties.
We can investigate your accident, identify all responsible parties, and explain whether you have a third-party case in addition to workers’ comp.
Request Your Free Work Injury & Third-Party Case Review →
Call McHargue & Jones at (312) 739-0000
Workers’ Comp vs Third-Party Claims in Illinois: FAQs
Can I sue someone if I was injured at work in Illinois?
Yes, if someone other than your employer or co-worker caused your injury, you may be able to sue that person or business in a third-party lawsuit. Common examples include negligent drivers, property owners, contractors, and product manufacturers. You can usually still receive workers’ comp benefits from your employer at the same time.
Can I get workers’ comp and a third-party settlement at the same time?
In many cases, yes. Workers’ compensation covers your medical care and partial wage loss, while a third-party case can provide pain and suffering, full lost wages, and other damages. The workers’ comp insurer may have a lien on part of the recovery, but a lawyer can often negotiate how that is handled so you keep more of your settlement.
What types of work accidents can lead to third-party claims?
Third-party work injury claims often arise from car and truck accidents while you are driving for work; slip and fall accidents on someone else’s property; construction site accidents involving multiple employers; defective machines or tools; and unsafe conditions created by vendors, contractors, or property owners.
How long do I have to file a third-party work injury lawsuit in Illinois?
Most Illinois personal injury lawsuits, including third-party work injury claims, must be filed within two years of the date of the accident. Workers’ compensation claims have separate deadlines. Because these timelines can be confusing, it is best to speak with a lawyer as soon as possible after you are hurt.
Do I need a lawyer who handles both workers’ comp and third-party cases?
It is usually a good idea. When you have both a workers’ comp claim and a third-party case, the two claims affect each other. A lawyer who understands both systems can coordinate your benefits, protect your workers’ comp case, and still pursue the maximum possible recovery from the third party.
What if the insurance company says the accident was my fault?
Even if an insurance company blames you, you may still have a valid case. Illinois uses a form of comparative negligence, which may still allow you to recover damages as long as you are not more than 50% at fault. An attorney can help gather evidence, challenge unfair fault arguments, and protect your rights.
