Workers’ Comp vs. Personal Injury Claims in Illinois
For workers’ compensation claims, fault is irrelevant. This means that you cannot file a personal injury claim against your employer. However, it does not mean that you are prohibited from filing a personal injury claim against someone else. There are numerous situations in which an employee can have both a workers’ comp claim and a personal injury claim arising out of the same work related injury.
The most important difference between a workers’ comp and a personal injury claim is the need to prove that someone is at fault. In order to win a personal injury case, you have to prove that someone else is responsible for your injury or was negligent in some way. In this scenario, the third party’s insurance would be responsible for handling the cost of their safety shortcomings.
Injured workers will often have personal injury claims against:
– Building owners
– Property managers
– Negligent and distracted drivers
– Product manufacturers
– Wholesalers / Retailers
Unlike workers compensation, personal injury damages are compensatory, which can include lost wages, loss of future earning capacity, medical expenses, and damages for pain and suffering resulting from the injury.
Most importantly, if a third party caused your accident, you could earn “double recovery” because you would have both a workers’ compensation claim and a third party personal injury claim. We will have a better understanding once we hear the specific facts of your case. For immediate help with a work injury case, call (312) 726-5567 for a free consultation or contact us online. At Krol Bongiorno and Given Ltd., we have helped countless injured workers get the answers they’re looking for.