In Indiana, workers who suffer injuries on the job are typically barred from suing their employers directly due to the state’s workers’ compensation law. Workers’ comp is a no-fault insurance system designed to reimburse injured employees quickly for medical expenses and lost wages without need of litigation.

However, there are situations where an injured worker may be able to sue a third party who bears some responsibility for the accident. This type of personal injury lawsuit allows the victim to pursue full compensation for all damages, including pain and suffering, lost wages and future medical expenses.

An injured worker’s third-party lawsuit may be brought against multiple individuals, such as the following:

• Contractors — On construction sites and at multi-employer workplaces, there are often employees of various contractors and subcontractors working alongside each other. An accident may be caused by the negligence of one contractor’s employee, such as leaving materials or equipment where people could trip. Similarly, a maintenance provider may have left wet floors or other hazardous conditions. An injured worker not employed by the contractor may sue.

• Motor vehicle operators — If an employee is injured in a motor vehicle accident while working, they may be able to sue the at-fault driver. For example, a worker was driving or riding in a vehicle for work purposes when the crash occurred. In addition, a worker might have been injured in the course of a delivery being made at the workplace by an outside vendor. 

• Property owners — When an employee works at a location that is not owned by their employer, such as a rented facility, the property owner may be held liable for a hazardous condition causes an injury. For instance, a worker may slip and fall due to an unaddressed spill or structural issue.

Unlike workers’ compensation claims, which do not require the injured worker to prove fault, a third-party lawsuit is based on proving negligence. The injured worker must demonstrate that the third party owed a duty of care and breached that duty, which directly caused the injury. Under Illinois law, the injured worker must prove that they were not more than 50 percent at fault for the accident. If they are less than 50 percent responsible, their damages will be reduced by the percentage of their own fault.

An experienced personal injury attorney can investigate the circumstances of the accident, identify potential third-party defendants and gather the evidence necessary to prove fault. Legal counsel can also ensure compliance with legal requirements, such as meeting filing deadlines, and can negotiate effectively with insurance company representatives and defense attorney. 

If you or a loved one has been injured in a workplace accident, speak with the experienced lawyers at Rubino, Ruman, Crosmer & Polen in Dyer right away. We proudly serve clients throughout the state of Indiana. Set up a free initial consultation by calling 219-227-4631 or by contacting us online.