By Dexter J. Evans
Guest Writer
Woodruff Johnson & Palermo
Thursday, Oct. 17, 2013
When you are injured on the job and the injury arises out of, and in the course of, your employment, you are covered by the Illinois Workers’ Compensation Act. The Worker’s Compensation Act is the exclusive remedy for you against your employer.
However, what if another company or person was responsible for your work injury? If this is the case, you may be able to pursue a lawsuit against that company or person in civil court. However, finding out the identity of that company or person could be a painstaking task. Ask an attorney how long does personal injury cases process can take?
As someone that handles both worker’s compensation and personal injury cases, I have encountered many different types of cases with many possible defendants. Sorting them out could be as easy as finding a needle in a haystack. What does it take? Hours of research, title searches, trolling the Internet, phone call upon phone call and subpoena after subpoena. You could read the article to know about the legalities of such injury cases. You can talk to car accident lawyers and know what needs to be done in case of an accident or injury.
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Let’s start with the basics of pursuing a civil case for your work injury. First, you cannot file a personal injury lawsuit against your employer for injuries that happen while you are working. Why? Because Illinois created the Illinois Worker’s Compensation Act which, while protecting injured workers, also protects employers from huge personal injury awards. One can visit this web-site to talk to an attorney about their case.
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There are many scenarios where there will be a personal injury case that arises out of your work injury. The classic example occurs when you are involved in a car accident while on the job. In that case, your defendant is easy to find. It is the person (or company) that hit your vehicle. That information should be on the accident report you receive from the police officer.
However, finding your defendant in other types of personal injury cases can be much more difficult. For example, in a case where you are injured by a machine at work, there can be multiple people or entities at fault. The obvious one that comes to mind is the manufacturer of the machine. However, simply because the manufacturer put a defective machine into the stream of commerce does not necessarily mean that they will be a defendant in your personal injury case.
Illinois has a statute of repose that limits actions for product defects, depending on how long ago the machine or product was made. Another potential defendant could be the maintenance company that cleans and repairs the machine. Maybe they caused a defect when making a repair, or perhaps they failed to make the repair at all, or failed to notice that one was necessary.
Another classic example of a personal injury case that arises from a work injury involves falls off ladders. Maybe you are ascending a ladder and it suddenly collapses, or one of the steps breaks, etc. Potential defendants would include the owner of the ladder, the company that manufactured it, or even the store that sold it. In such situations, seeking the expertise of a New York personal injury lawyer can help ensure that you receive the compensation you deserve for your injuries.
Did you fall because of a defect on someone else’s property? If so, your defendant would be the homeowner or business owner. If it is a commercial or industrial property, other potential defendants would be the property manager, the maintenance company, the company responsible for snow and ice removal, etc.
Finding the names of the persons and entities that are potential defendants in your case often requires a lot of work. Employers are often reluctant to reveal those potential defendants because of business relationships. Since you likely have a pending workers’ compensation claim, your employer might be hesitant to communicate with you or your attorney until after that case is finished. Often, that time is too late.
You need to know all potential defendants as soon as possible because those defendants can lead you to other defendants you may never have even found, had you not spoken with, or sued, the initial defendant. The process for finding out a lot of this information is through the process of litigation called “discovery.” Discovery only occurs after filing a lawsuit.
While you have three years from the date of your work injury to file a claim for worker’s compensation, the time period for a personal injury lawsuit is two years (unless your case is against a governmental entity, then it is one year). Consulting a Coral Springs Injury Attorney can help you navigate these timelines and legal requirements effectively.
You’d be surprised how quickly that time passes. Once the statute of limitations for your case has passed, you can no longer add additional defendants, regardless of whether you have a pending lawsuit. Gathering all of the information, evaluating the strengths and weaknesses of the case and crafting a complaint that reasonably spells out your cause of action against the defendant requires great skill, knowledge and significant time/money resources.
As such, it is wise to seek a free consultation with an attorney who handles both workers’ compensation and personal injury cases early, as to ensure your case and to make sure all of your rights are protected.