Fatal Work-Related Car Accident - $600,000 Settlement
While working on the job and driving a county truck in Mississippi, this 41 year old married father of two was broadsided by a gravel truck. The force of this serious accident resulted in his wrongful death. Before we were hired to assist his widow, the two children had already accepted settlements and the workers' compensation case had also already been settled.
But over a period of years, her attorneys had unsuccessfully tried to negotiate an acceptable settlement for her as well. Because she felt that the proposed offer was far too small, she hired our firm and new local counsel instead to see if we could do a better job for her. Her trust in our office was well placed, because within less than a year, our affiliated attorneys secured a settlement of $600,000.00 which was more than double the sum that her previous attorney had been offered. Our client was very pleased and felt that justice had now been done.
How Workers Compensation & Personal Injury Intersect
If a person is injured on the job, doing something that arises out of, and in the course of that employment, then in Chicago, or in any other Illinois city, it should be considered a workers compensation case. Whether the injury is the result of a machinery equipment failure, a construction site accident, an occupational disease or some type of repetitive stress, an experienced workers comp attorney can help that person obtain financial compensation by filing a claim with theIllinois Workers’ Compensation Commission and seeking payment from the employer’s workers compensation insurance company. It will generally compensate the employee for time lost from work, a settlement for the temporary or permanent injuries that resulted, and also make sure that all of their medical treatment is fully paid for.
In circumstances when a person is injured in a typical car accident though, there is no contact with a workers comp insurance company. Instead, the attorney will attempt to negotiate a settlement with the other driver’s auto insurance company such as State Farm, Allstate, or Farmers. If necessary, a lawsuit will be filed and the case will be decided by a jury.
But sometimes, a situation will arise in which the injured or deceased party was working on-the-job, and was injured at least in part by what is referred to as a “3rd party” defendant. In such a situation, the lawyer for the injured party (or on behalf of the family of the deceased) can not only file a claim for workers compensation, but can also file a lawsuit against such a 3rd party to obtain additional financial compensation.
Who Are Potential 3rd Party Defendants?
Almost any person, company or entity may be the subject of a 3rd party compliant. When a person is injured in a machine accident at work, the attorney may be able to sue the machine manufacturer or the company that maintained the machine. In a car accident, the other driver may be sued, or if that other driver was on-the-job as well, their employer may be a subject of a lawsuit. If a worker fell off a ladder, the ladder may have been defective allowing a products liability lawsuit against the maker or perhaps the general contractor in charge at the constructions site might be sued if he failed to maintain a safe area to work.
It is the job of your attorney to be thorough and creative, carefully considering whether such an additional 3rd party defendant might exist in your particular circumstances. Especially because time limitations apply to filing any lawsuit, it is very important that this be determined at the earliest possible opportunity. Contact Mitchell S. Sexner & Associates LLC at 800-996-4824 for a free and careful examination of your particular circumstances.