Should I File a Workers’ Compensation Claim or a Personal Injury Claim?
If you have been injured on the job in Chicago, you may be entitled to workers’ compensation benefits. However, you may also have a personal injury claim; and, unlike workers’ compensation benefits, personal injury damages are not limited by law. So, should you file a workers’ compensation claim or a personal injury claim? Can you file both? Here’s what you need to know: 1. Limitations on Workers’ Compensation Benefits Under Illinois Law The reason why injured workers need to consider filing personal injury claims is that workers’ compensation benefits do not cover all of the costs associated with job-related injuries. In Illinois, workers’ compensation covers: Medical expenses related to your on-the-job injury; Partial wage-replacement benefits (referred to as “partial disability” or “total disability”); and, Vocational rehabilitation if you need help in order to return to work. Workers’ compensation does not cover 100 percent of your lost wages. It also does not cover pain and suffering, emotional trauma, or any of the types of non-financial losses that can be recovered in a personal injury lawsuit. As a result, before you decide to rely solely on workers’ compensation, it is critical that you speak with an attorney about your legal rights. 2. Employer Immunity from Personal Injury Lawsuits While Illinois’ “no-fault” workers’ compensation law requires employers to provide benefits for the vast majority of work-related injuries, it also provides employers with immunity from employees’ personal injury lawsuits. This means that, if you are eligible for workers’ compensation, you cannot file a personal […]