Basics on Types of Third Party Liability Lawsuits

When you are hurt on the job, you are entitled to receive worker’s compensation benefits.  In most, there are three main Illinois worker’s compensation benefits the injured worker is entitled to: (1) payment of medical expenses, (2) two-thirds of the injured employee’s average weekly wage, known as Temporary Total Disability Benefits, or TTD, and (3) a lump sum settlement for permanency associated with the injury.


The Illinois Worker’s Compensation Act in most cases bars injured workers from filing a liability lawsuit against their employer or a negligent co-employee.  This provision is known as the exclusive remedy, as in: worker’s compensation is your exclusive remedy against your employer or a co-employee for on the job injuries.  The reasoning behind this is that worker’s compensation is a no-fault system, and in return for receiving the automatic (but limited) no-fault benefits under the Illinois Worker’s Compensation Act, you have to give up your right to sue your employer or a co-worker.


However, there is no limitation on your right to sue other at-fault persons or entities other your employer or a co-worker.  This is known at a third-party liability suit.  The interaction between a worker’s compensation case and a third-party liability lawsuit is fairly complex (see the Library article on this for a primer), so I always recommend to injured workers that they retain an experienced Chicago personal injury lawyer to assist them with their third-party liability lawsuit.  Damages in a third-party liability lawsuit can include past and future medical expenses, past and future lost wages, past and future pain and suffering, past and future disability, and past and future disfigurement.  Over the years, I have represented many workers in third-party liability lawsuits to help them recover full compensation for the injuries they sustained. 


I have handled third party suits for many different kinds of third party suits over the years, including:


Follow the links above to see examples of some of the third party suits I have handled.