Are There Civil Claims for Damages Against Third-Parties for Your Work Accident?

Things Workers Need to Know About Work Accident Injury Liability Other Than Their Employer

Literally millions of people in our part of the country are employed in industrial jobs like those in the manufacturing, warehousing, transportation, and construction sectors. According to the U.S. Bureau of Labor Statistics (“BLS”), in August 2025 there were over 6,000,000 people in the State of Illinois at work in these industrial jobs, and another 3,000,000 industrial workers live in the Hoosier State. Read, “State Employment and Unemployment Summary,” published by the U.S. Bureau of Labor Statistics on September 19, 2025.

Industrial work, no matter the job site (manufacturing plant; industrial warehouse; steel mill; etc.) is known to be dangerous. Why? These workers are often using things that come with risks in order to get the job done, from ladders or scaffolds to cranes and heavy machinery. They may need to work from a height where they are in danger of a serious or fatal fall. Some may be exposed to chemical risks where toxins or hazardous materials may injure them immediately or over time.

Also read: What are the Most Dangerous Jobs in Chicagoland? and High Hazard Industrial Workplaces: 2024 Online Exposure of Accident Injury and Illness Realities.

Anyone working in Illinois or Indiana needs to understand not only the risks that they face on their particular worksite but the legal duties of safety and care that exist to keep them and their co-workers safe from harm.

Most people know about the availability of their employer’s workers’ compensation insurance policy coverage in the event of a work accident. However, there are also laws, regulations, and industrial standards in place that mandate companies and individuals other than the employer take steps to make sure people are safe while at work on an industrial worksite.

If these legal duties are breached, then the worker may have legal claims for damages against these third-parties that are independent of any workers’ compensation claim.

For more details, see Workers’ Compensation and Third‑Party Claims for On‑the‑Job Accidents.

Identifying Third-Parties Who May Be Liable to the Worker Hurt on the Job

It is impossible for anyone to know the extent of legal responsibility when an accident happens and a worker gets hurt in Illinois or Indiana. No matter how obvious it may be – say, a worker falls off a scaffold that fails in a steel mill – the truth may lie in details not easily seen at the time.

Investigations into the incident will take place. Government agencies may investigate. Insurance carriers for those who may be concerned about liability may investigate, too. And the worker victim has a legal right to undertake an independent investigation using industrial experts to study every nuance of the accident and confirm exactly why it happened.

For more, see: 7 Different Parties Who Can Be Liable for Indiana Steel‑Worker Injury.

Investigation Into Third-Party Liability

Figuring out all the causes of a serious industrial work accident begins the moment the worker gets hurt. Employers will have protocols and company policies in place not only to deal with getting medical care to the injured person as soon as possible, but to start gathering information for causes of the event.

Understandably, the first priority of the accident will be to help the victim and to secure the site so no one else is in danger of being hurt, too. However, things will change quickly at the accident scene. The faster that evidence is gathered, the better.

Advocates for worker victims in an industrial accident will be able to bring industrial accident experts on board who will have in-depth understandings of the particular industry as well as that specific worksite and job description. These accident reconstruction experts will do all sorts of things to find out what happened, from analyzing accident site photos and digital data; to studying witness statements, machine components, and company service or maintenance logs; as well as reviewing past records of similar incidents either at the site or with machine components, etc. See: Liability in Chicago Warehouse Worker Injury Claims: Accident Expert Investigations.

Expert Determination of Factual Causation

After these experts complete their research and analysis, they will form opinions on the causes of the worker’s accident. These will be compiled into a formal expert opinion. It will be documented fully with all its supporting documentation. The expert will be ready to testify on behalf of the worker victim, either before trial in a deposition or at trial on the witness stand.

These industrial accident experts will explain not only what failed, but why it failed, when it happened, and what the result was insofar as the worker’s accident. The experts will be able to point to the companies or individuals who are responsible for these causes. Was it a repair company who failed to properly inspect and fix the scaffold before the fall? Did the company contracted to do daily housekeeping of the job site get sloppy? Was there a failure to warn about a chemical that started a fire?

For more, read: Black Box Data in Semi-Truck Crashes: The Importance of EDR Evidence and Accident Reconstruction Experts and Injury Claims.

Legal Analysis: Third-Party Breach of Duties

After the industrial expert opinions are finished, the worker victim’s legal team can take those details and apply the law. The worker’s lawyer undertakes a legal analysis: duty, fault, and damages. The worker victim’s legal advocate, working with the worker and the industrial expert as a team, will answer questions like:

Who are all the companies and individuals who owed the worker a legal duty of care and safety (think manufacturer; site owner; contractor)?
How were their legal duties disrespected, ignored, or “breached” (was there an absence of an workplace inspection that day; a defective part or product; improper personal protective equipment; etc.)?
Why did the breach of legal duty cause the worker’s harm (show “causation”)?
What was the harm suffered by the worker (itemization of all damages)?

For more, read: Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases; and The Steel Industry is Dangerous: How Can Personal Injury Attorneys Help Steel Workers Hurt on the Job?

Other Legal Considerations for Third-Party Claims

The worker victim will have other considerations after the determination of third-party liability in their case. Their lawyer will be able to help them here, as well. For one thing, the deadline for filing legal claims against the third-parties must be calculated and the deadline must be met. Read, Deadlines for Accident Claims Must Be Met By Victims or They’re Lost.

Another consideration is the need for immediate financial relief after a severe work injury. The lawyer will be able to help the worker victim and their loved ones with filing for workers’ compensation benefits. The lawyer will also be able to help the worker victim after the third-parties have paid their civil damages to the worker with “subrogation” claims, which entail reimbursement of the workers’ compensation benefits from the award.

The worker may recover significant damages in a civil case (think medical expenses, rehabilitation, lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life, and even punitive damages) which are much more than what is available in workers’ compensation.

See, 10 Types of Injury Damages That May Be Awarded to Accident Victims and Damages are Different: Worker’s Compensation vs. Third‑Party Personal Injury Claims.

Third-Party Liability in Work Accidents: Illinois and Indiana

Anyone working in an industrial job in Illinois or Indiana knows they are facing a risk of injury every day. It is vital that these factory workers; construction workers; warehouse workers; railroaders; and truck drivers know their rights in the event of a work accident.

Each case is unique and deserves individual scrutiny. It is wise to ask in the event of a severe on-the-job accident if there were companies or individuals whose failures to meet legally defined duties of safety and care contributed or caused the worker’s bodily harm.

Consider the following:

An improper design or safety procedure may mean professionals like architects, engineers, or safety hygienists committed malpractice.
Product failures may mean designers or manufacturers of site equipment or machinery may be liable under product liability laws.
Dangers on the site itself may bring lessors or site owners into legal responsibility for resulting harm under premises liability statutes.
Sloppy work or substandard practices may mean there are negligence claims against repair companies or maintenance companies contracted for inspection or housekeeping of the worksite.

For more, read:

Industrial worksites in our part of the country employ a huge number of people, and put each and every one of these individuals at risk of a work accident that may change or end their lives in seconds. Understanding the responsibility of third-party companies and individuals to keep workers safe is important. Please be careful out there!