Personal Injury Lawsuits vs. Workers’ Compensation Claims

free case evaluation
100% Secure and Confidential
Rated 5 Stars
5.0 Google Rated
Personal Injury Lawsuits vs. Workers’ Compensation Claims

Helping Injured People Get Results

$7M

Product Liability

$31M

Medical Malpractice

$5.75M

Product Liability

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

Awards & Recognition

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.

Free Initial Consultations.
No Fee Unless We Win.

We’re here to help recover maximum monetary damages to compensate you for your physical, financial and emotional losses. The personal injury lawyers at our firm understand your concerns and are committed to responding to your needs with strong advocacy and legal counsel. Contact our law firm today to schedule a free initial consultation to discuss your personal injury or work-related injury claim at one of our office locations in Illinois or Missouri.

At Walton Telken, trial practice is core to our DNA. We’re unafraid to fight on your behalf aggressively to ensure you recover the monetary damages you deserve.

100% Secure and Confidential

Our Locations

Google Map of 241 N Main St Edwardsville IL

Edwardsville, IL

241 N Main St, Edwardsville IL 62025
618-272-2284
Google Map of 214 N Clay Ave Suite 140 St. Louis MO

St. Louis, MO (By Appointment Only)

214 N Clay Ave Suite 140, St. Louis MO 63122
314-441-7133

Available 24/7

phone icon844-307-7349

"*" indicates required fields

Our award-winning attorneys will contact you for a free case evaluation.
This field is for validation purposes and should be left unchanged.
100% Secure and Confidential