Can I Receive Workers’ Comp And A Personal Injury Settlement?

Can I Receive Workers’ Comp And A Personal Injury Settlement?

Wherever you work in the Chicago region – Wrigley Field or on the Miracle Mile – every worker in the city is at risk of being hurt. Fortunately, Illinois has robust workers’ compensation laws that mandate that employers buy insurance to protect employees if they are hurt, regardless of who is at fault. However, taking workers’ comp may affect your ability to file a personal injury lawsuit. Learn more in this article, and contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C., for legal advice.

Important Facts About Illinois Workers’ Compensation Laws

When you are hurt at work in Chicago, it is common for employees to file a workers’ compensation claim. If you decide to do so, there are vital parts of the law to know:

  • You have 45 days to inform your company of your injury to obtain the maximum benefits.
  • There is a three-year time limit to file your workers’ compensation claim with the Illinois Workers’ Compensation Commission.
  • Some benefits that may be available include medical care; temporary total disability; temporary partial disability; permanent partial disability; permanent total disability, and death benefits for your surviving family members.

If you file a workers’ compensation claim or your employer disputes the claim, you may file a claim with the Commission and ask for a hearing within three years of the injury or within two years after you received compensation last, whichever is later.

What About Filing A Personal Injury Claim?

Our workers’ comp attorneys in Illinois are often asked about filing a workers’ comp claim and a personal injury claim simultaneously. Does filing one claim preclude you from filing the other? Some workers may be confused because if you are hurt in a regular accident, you often would file a personal injury claim against the negligent party. But if the injury happens at work in Chicago, your initial action could be to file for workers’ compensation.

Generally, if you are hurt at work and file a worker’s compensation claim, you are not typically allowed to file a personal injury claim against the company. However, it may be possible to file a personal injury claim against a third party that was at least partially responsible for the accident.

Differences Between A Workers’ Comp And Personal Injury Claim

There are several differences in these claims. First, the workers’ compensation claim is filed with an insurance company that works for your employer. But a personal injury claim is filed against the person or entity that caused your injuries. That might or not be the company you work for.

Also, there is a critical difference in proving each case. With workers’ compensation, you do not need to verify your employer was at fault; you only need to show that the injury happened at work. On the other hand, in a personal injury claim, you usually need to prove another party was negligent to receive compensation.

Contact Our Antioch Workers’ Comp Lawyers Today

Were you in an accident at work? You may be entitled to workers’ compensation for your medical bills and lost wages. Contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C. for assistance with your workers’ comp case at (847) 395-2200.

Call today for a free consultation

(847) 395-2200