People often mistake personal injury lawsuits with workers compensation claims, but there are key differences between the two. While both involve injuries, they differ in how they’re handled and the circumstances under which they arise. In this article, we explore the key differences between the two types of claims.
What is a workers’ compensation claim?
You may already be familiar with the basics of the workers’ compensation system: put simply, if you’re hurt while on the job, you may be entitled to receive benefits under the Illinois Workers’ Compensation Act. Generally, the Act covers injuries that result in whole or in part from an employee’s work—including but not limited to injuries brought on by the repetitive use of a part of the body, the aggravation of a pre-existing condition, broken limbs, heart attacks, and/or any other physical ailment.
Under the Act, an injured worker may be entitled to the cost of medical care, disability compensation, and—in the case of fatal injuries—death benefits for surviving family members.
What is a personal injury lawsuit?
Personal injury lawsuits arise when a person is injured as a result of the negligent, reckless, or intentional actions of another party. Common cases include car accidents, trucking accidents, slip and fall incidents, medical malpractice, and defective products. By filing a civil lawsuit against the at-fault person(s) or entity(ies), an injured person may obtain monetary compensation in the form of compensatory damages (for the injured person’s economic and non-economic losses) and, in some cases, punitive damages (awarded in certain instances to punish the at-fault party for conduct that is willful or outrageous due to reckless indifference or evil motive).
What are the differences?
Let’s dive in.
Can a workers’ compensation claim and a personal injury lawsuit be filed at the same time?
It is possible for an injured worker who is entitled to workers’ compensation benefits to file a personal injury lawsuit, but only against certain parties. Under Illinois law, both employers and coworkers are typically shielded from civil liability. However, it is possible in some cases to sue responsible third parties. One example of a common claim against a third party is when a product liability claim arises out of an injury caused by defective work equipment. While injured workers are not required to file their civil and workers’ compensation claims in any particular order, many injured workers file a personal injury lawsuit after a workers’ compensation claim.
If you or someone you care about was injured on the job, your best bet is to contact an attorney experienced in both workers’ compensation and personal injury law to discuss the facts of your unique case and help you navigate the best path forward.
***
We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.
Questions? We’re here to answer them. 618-307-9880 \\ twalton@waltontelken.com
