Negligent Third-Party Claims Attorneys Springfield, IL
Negligent third-party claims are not uncommon, but they are complex. Typically, when a person suffers an injury through the course of their employment, it is the employer’s responsibility to cover those losses through workers’ compensation insurance claims processes. However, when an employee is injured by a third party while they are working, there may be insurance coverage from both workers’ compensation insurance and from the insurance covering the third party that hurt the employee.
The most common scenario for this is when a traveling employee is in a car accident. For example, a construction worker moving items on a highway during a roadside project might be hit by a distracted driver. In this case, workers’ compensation benefits should be paid. There will also be a claim against the driver of the vehicle that hurt the construction worker.
At the Noll Law Office, their workers’ compensation claims attorneys in Springfield, IL, are available to discuss your case with you. Let them help you determine who you should seek financial compensation from at a free initial consultation. They have experience in successfully litigating third-party negligence claims.
The Noll Law Office emphasizes communication with its clients. This communication begins at the free initial consultation and lasts throughout the representation. At the Noll Law Office, you will meet with an experienced litigation lawyer, not a fresh law school graduate. Daniel and Sarah Noll will remain your lawyers until your case is resolved. You won’t be handed off to an associate in Chicago or a paralegal until the eve of trial. You will have a lawyer from the community for the community.
Case Illustration of Negligent Third-Party Workers’ Compensation Claims
How do negligent third-party workers’ compensation claims happen? Normally, a third party negligently injures an employee while that employee is working for his or her employer.
Here’s an example. Let’s say you deliver packages for a delivery company. The delivery company is your employer. However, while you are out delivering packages, a drunk driver fails to notice you slowing your vehicle to stop and hits the back of your delivery car. You were at an intersection stop sign and behaving safely.
In this situation, your employer is likely going to provide workers’ compensation benefits (through their insurance company) under Illinois Workers’ Compensation Act because you were injured while acting in the scope and course of your employment. But the other driver is also responsible for your injuries due to their negligence (driving while intoxicated).
The more parties involved, the more complex things get which is why having a workers’ compensation attorney in Springfield, IL is so critical.
Applicable Law and Explanations
Illinois workers’ compensation laws provide a wide range of specifics about how any type of work-related claim is handled. That includes third-party negligence claims. Under Illinois law, workers’ compensation claims must be processed before the negligence claim. So, the employee will typically run all of his or her insurance claims through the workers’ compensation insurance company first. That company will usually pay the employee’s medical bills, a portion of the employee’s wages while he or she is off work recovering from the injuries, and any other benefits required under workers’ compensation law.
Once the workers’ compensation claim has been settled or gone to trial, the third-party negligence claim will begin. The workers’ compensation provider will typically file a lien against any settlement or jury verdict that an injured employee obtains against the negligent third party. It essentially is arguing that workers’ compensation should not have had to pay for the benefits – the third party should have.
As with all workers’ compensation claims, there is a calculation involved in how much a workers’ compensation provider can collect from a lien against the negligent third person. The claims become highly technical and you should strongly consider hiring an attorney if this situation applies to you.
How the Noll Law Office Will Help
At the Noll Law Office, their team will help you determine who is responsible for your injuries. Because negligent third-party workers’ compensation claims in Springfield, IL, are complex, it is often best to work with an attorney who can guide you through this process. Set up a consultation to discuss your case with their workers’ compensation attorneys. Let their team answer your questions and provide you with insight into the legal rights you have even in these complicated cases.
The Noll Law Office provides free initial consultations where you can discuss the facts of your case with an experienced local attorney. Feel free to call them today at (217) 414-8889.