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Can I File a Workers’ Comp Claim and a Personal Injury Claim?

Posted on in BGL Law

mchenry county work injury lawyerNavigating a workers’ compensation claim can be confusing and frustrating. Many people are unsure of what their rights are after a work injury. Can I get compensation for my medical bills? What about future medical expenses such as physical therapy? Do I get compensation for my lost wages? Are non-economic damages like pain and suffering compensable after a work injury? Can I file a workers’ compensation claim and a personal injury claim simultaneously?

The answers to these questions depend heavily on the specific circumstances of the case, so it is important to receive personalized advice from a lawyer.

Illinois Law Regarding Workers’ Compensation

Workers’ compensation insurance is required for employers in Illinois. If you are hurt at work while performing work duties, you will almost certainly be entitled to workers’ compensation. Workers’ comp in Illinois is no-fault. This means that you do not have to prove that the employer acted negligently to be entitled to compensation. A workers’ compensation claim may allow for the recovery of compensation for medical expenses such as emergency room bills, ambulance fees, hospital and doctor’s office costs, and more. Through worker’s compensation, you may recover part of your lost income from missed work.

Injury Claims in Illinois

Illinois employees cannot sue their employers for an injury, so you cannot bring a personal injury claim against your employer. However, the fault for a work-related injury often falls to another party. For example, a construction worker may be injured due to negligence on the part of a property owner or contractor. Individuals injured by the irresponsible or wrongful actions of a non-employer party may be entitled to damages through a personal injury claim.

If you were hurt at work but a third party is at fault, you may be able to bring a personal injury claim and a workers’ compensation claim at the same time. The benefit of this strategy is that it maximizes the potential damages. Like workers’ compensation claims, personal injury claims allow for the recovery of compensation for medical bills and lost income. However, monetary damages through a personal injury claim may include full compensation for all of your lost income. You could also recover compensation for your lost earning capacity as well as compensation for pain, suffering, disfigurement, and other non-financial damages.  

Contact a McHenry County Workers’ Compensation Lawyer

If you are hurt at work, it is important to explore all of your potential avenues for financial reimbursement. Call our Crystal Lake work injury attorneys to learn more about how to maximize your recovery. Call 815-338-3838 for a free, confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K1



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