If you have been injured at work in Illinois, you might wonder whether filing a workers’ compensation claim or a personal injury claim is your best course of action. That is important because both are different due to the nature of the legal options available to you and the compensation that you can receive. Both workers’ compensation and personal injury claims may come with financial compensation, but they legally take different routes, with each having different implications under Illinois law.
Workers’ compensation operates under a no-fault system, wherein you do not need to prove that anyone was at fault to have caused your injury. Generally speaking, you will be entitled to workers’ compensation benefits so long as your injury occurred in the course of and related to your job duties. The state of Illinois regulates workers’ compensation claims through its Workers’ Compensation Act, 820 ILCS 305; it requires most employers to maintain workers’ compensation insurance. The list of the benefits you may receive typically covers medical expenses, partial compensation for loss of wages, and any other benefits related to permanent injury.
Personal injury claims, however, are fault-based. You might also be able to file a personal injury lawsuit if you sustain injury in a workplace accident that was the cause of a third party- a party different from your employer. The injuries thus sustained would fall under the Illinois personal injury law; hence, you would have to prove that the injury was caused by a third party due to some kind of negligence. The statute of limitation in personal injury cases in Illinois, 735 ILCS 5/13-202, usually provides two years from the date of injury to file a suit.
One of the main differences between workers’ compensation and a personal injury claim involves the type of damages you might recover. In a case involving workers’ compensation, benefits include medical expenses, partial lost wages, and permanent disability benefits, where applicable. Pain and suffering, emotional distress, and other non-economic damages are not recoverable under the law for workers’ compensation in Illinois.
On the other hand, a personal injury claim enables the recovery of compensation for a wide range of damages: pain and suffering, emotional trauma, and loss of enjoyment of life. While workers’ compensation is designed to provide benefits guaranteed without regard to fault, personal injury claims may result in larger settlements or awards but require proving that another party was responsible for your injuries.
If you get injured on the job, it is important to know which type of claim applies to your situation. Sometimes, one has both a workers’ compensation claim and a personal injury claim. For example, if you get injured by a defective machine or in a car accident by a careless driver while doing your job, then you can file for both claims. However, your workers’ compensation carrier may have a lien for any personal injury settlement or judgment you recover, which may entitle them to reimbursement for the benefits they have paid.
Understanding these legal distinctions is important because each variety of claim has its different procedures, deadlines, and compensation limits. Being clearly informed about your choices will be vital to maximizing your recovery and securing what you may be entitled to.
The difference between workers’ compensation and a personal injury claim with respect to fault. Workers’ compensation is a no-fault system, so you may collect benefits regardless of whose fault the injury was. Personal injury claims must be based on proving someone else’s negligence caused your injury. While workers’ compensation covers medical bills and lost wages but does not include pain and suffering, personal injury claims allow for a wider range of damages to compensate, including pain and suffering.
Yes, you can file both under certain circumstances. For example, if you are injured on the job by a third party through a car accident, say, or a defective product, you can file a personal injury lawsuit against the negligent party while you’re receiving workers’ compensation benefits from your employer. However, any settlement you recover from the personal injury lawsuit may be reimbursed to your workers’ comp insurance carrier.
Under Illinois law, you generally have two years from the date of injury to file your personal injury lawsuit. This is controlled by the Illinois statute of limitations for personal injury cases, 735 ILCS 5/13-202. Remember that when this time period expires, you often lose your right to pursue any compensation through a personal injury suit.
Typically, you cannot sue your employer as a result of a workplace injury if your employer carries workers’ comp insurance. Generally speaking, 820 ILCS 305, the Illinois Workers’ Compensation Act, provides the exclusive remedy for work-related injuries in that you are limited to the benefits available to you under workers’ comp. If your injury occurred due to a third party’s negligence, however, you may be able to file a personal injury lawsuit against that party.
You may recover both economic and non-economic damages in a personal injury claim. These include medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life-either temporary or permanent. Where the injury is severe enough to necessitate long-term care or result in permanent disability, you may also be entitled to recover damages for such injury.
No, pain and suffering are not compensable under Illinois workers’ compensation law. Workers’ compensation benefits generally include medical expenses, a percentage of lost wages, and compensation for permanent disability or disfigurement. To recover damages for pain and suffering, you would have to bring a personal injury claim.
Under the law in Illinois, you typically have 45 days from the date of the injury to report your workplace injury in writing to your employer. If you do not report the injury in that period of time, you could very well lose your right to benefits under workers’ compensation. That said, it’s always a good idea to report an injury immediately to avoid any complications in regard to your claim.
Depending on the nature and extent of your injury, you may receive either PPD or PTD benefits according to Illinois workers’ compensation law. You will be considered PPD if you can still work but have some permanent impairment. A person is entitled to PTD benefits in case he cannot work as a result of the injury.
Under Illinois workers’ compensation, yes, you do have the right to choose your own medical treating doctor. This may be somewhat curtailed if your employer has what is called a PPN, in which case you would have to draw from that network. You can go outside of that network, but usually, you will be limited to only two choices of medical providers unless your employer agrees to more.
Suffering an injury at work can leave you with many decisions to make concerning the current workers’ compensation or a personal injury claim. If this has happened to you, The Law Offices of Robert T. Edens will be able to help. We are experienced to assist and walk you through your available legal options, aggressively advocating for the compensation you deserve. The Law Offices of Robert T. Edens will be able to help with your case involving an injury at work today. Contact our Antioch workers’ comp attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 to receive your free consultation. We proudly serve clients throughout Chicago, Waukegan, Libertyville, Woodstock, and Antioch.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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