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Workplace Injuries

A Work Injury Is Often Two Claims.

When you are hurt on the job, workers' compensation is usually just the floor. If another contractor, a defective product, or a negligent driver played a role, you can pursue a third-party personal-injury claim at the same time — for the full value the comp system can't pay.

Worker on an industrial job site
What This Practice Covers

Workers' Comp Plus the Third-Party Claim

Illinois workers' compensation pays medical bills, two-thirds of your lost wages, and a permanent-disability settlement — but it doesn't pay pain and suffering, and it caps wage benefits. A third-party personal-injury claim against the non-employer party who caused your injury fills the gap. Marker Law runs both tracks in parallel and coordinates the lien resolution at the end.

  • Third-party claims at work — subcontractors, drivers, equipment owners
  • Repetitive-motion and cumulative-trauma claims (back, shoulder, carpal tunnel)
  • OSHA-violation cases and unsafe-workplace claims
  • Occupational diseases and toxic-exposure injuries
  • Defective-product injuries on the job
  • Retaliation protection for asserting comp rights

Two Claims Filed the Right Way Pay More

Many lawyers file the workers' comp claim and stop there. Marker Law's first question is always — who else was responsible? An injured worker with a viable third-party claim often recovers several multiples of the comp settlement alone.

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The Credentials Behind the Work

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Common Questions

Frequently Asked Questions

Straightforward answers to the questions Marker Law clients ask most often about this topic.

Workers' comp is the no-fault Illinois system that pays medical and wage benefits regardless of fault — but only by your employer. A work-injury personal-injury claim is brought against anyone other than your employer (another contractor, a driver, a manufacturer) whose negligence helped cause the injury.
Yes — and you should, when one exists. The two claims proceed in parallel. The comp carrier gets a lien on the third-party recovery, but the net result is almost always significantly more money to the injured worker.
Yes. Carpal tunnel, rotator-cuff tears, herniated discs, hearing loss — Illinois workers' comp covers occupational diseases and cumulative trauma. The notice and filing timelines start from the date you knew or should have known the condition was work-related.
Retaliatory discharge is its own tort in Illinois. Marker Law can pursue both the underlying comp claim and a wrongful-termination action.
45 days to give notice to the employer. Three years to file the formal workers' comp claim. Two years for a third-party personal-injury claim. Earlier is always better — evidence disappears fast.
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