Should I File a Workers’ Compensation Claim or a Personal Injury Claim if I Was Hurt at Work?

 Posted on March 09, 2023 in Uncategorized

Work injuries happen. Whether you work in an office environment, construction site, warehouse, or factory, the possibility of a work-related injury is always present. Many people who are hurt at work are confused about their legal options. They may know that workers’ compensation covers injured workers in Illinois, but they are also aware of the possibility of a third-party personal injury claim.

In this blog, we will discuss the differences between workers’ compensation claims and personal injury claims and the criteria that must be met to secure financial compensation through these avenues.

Workers’ Compensation is Mandatory in Illinois and May Provide Reimbursement

Illinois requires all employers to have workers’ compensation insurance. If you were injured at work while performing work duties, you likely qualify for workers’ compensation. There are only a few situations in which an injured Illinois worker cannot get workers’ compensation. For example, injuries caused by intoxication by drugs or alcohol, illegal activities, or intentional actions are not covered by workers’ compensation insurance.

Workers’ compensation will cover your medical expenses and part of your lost income. It is a valuable source of financial support after a work accident or injury. However, it may not be the only way you can get compensation.

A Personal Injury Claim May Allow for Greater Financial Recovery

Workers compensation is not fault-based in Illinois, meaning that you do not have to prove that your employer or another party acted negligently and that this negligence caused your injury. You can recover compensation regardless of fault.

Personal injury claims, on the other hand, are fault-based. If a third party, such as a motor vehicle driver, contractor, property owner, company, or another party causes your injury, that party may be liable for damages. For example, if your job requires you to drive and another driver causes a wreck in which you are injured, that driver may be liable. Or, if you injure yourself on a broken staircase, the property owner who neglected to fix the stairs could be liable.

You may be able to file a personal injury claim against a third party and recover additional compensation, including non-economic damages such as pain and suffering. Depending on the situation, you may be able to file an injury claim instead of a workers’ compensation claim or in addition to a workers’ compensation claim.

Contact Our Cook County Work Injury Lawyers

If you suffered a slip and fall injury, equipment-related injury, occupational disease, or any other type of injury while on the job, contact our Bensenville work injury attorneys for help taking legal action. We will review your case and help you take the steps needed to maximize your potential recovery. Call 630-274-4400 for a free consultation.

Source:

https://iwcc.illinois.gov/resources/resources-for-employees.html