Workers’ Comp Vs. Personal Injury in Illinois: What to Know

 Posted on November 22, 2024 in Workers' Compensation

Accidents can happen anywhere, including at your workplace. Most Illinois workers are covered by their employer’s workers’ compensation insurance policies. Benefits should pay medical expenses, a portion of lost wages, disability, and other qualifying expenses.

If you are injured at work, is workers’ comp the only way you can receive monetary compensation? Can you sue your employer through a personal injury filing? At Newland & Newland, LLP, an experienced Schaumburg, IL lawyer can handle both types of cases and can explain your options during a free consultation.

Workers’ Compensation

The workers’ comp program is designed to give immediate economic relief to employees who are injured at work, regardless of fault. When you accept these benefits, you agree not to pursue a personal injury claim against your employer. Workers’ comp does not provide compensation for pain and suffering or other similar losses that affect your quality of life.

Personal Injury

Personal injury claims are fault-based, using negligence as their foundation. You need evidence proving that someone else’s negligence was to blame for your accident, injuries, and damages. You will not receive money until your claim is settled or won in court, but you could collect compensation for total lost income rather than partial, emotional, or mental anguish, and other eligible losses.

Can I File a Personal Injury Claim?

Although workers’ comp claims are the usual recourse if you sustain injuries at work, some situations may allow you to pursue a personal injury claim, including:

• Your employer does not have workers’ compensation insurance.

• Your employer intentionally harmed you or was grossly negligent.

• A defective product caused your injury.

• A third party was responsible for your accident.

• You were exposed to a toxic substance at work.

Suppose you are involved in a car accident while driving as part of your job duties. Whoever was at fault for that collision may be liable for paying your damages. Construction sites may have multiple work crews working for various contractors; if another company’s crew causes your accident, you might qualify for a personal injury claim.

Many variables must be examined to determine whether you can pursue a personal injury case or if a workers’ comp claim is your only option. The knowledgeable attorneys from Newland & Newland, LLP can evaluate your situation and help you decide how to proceed.

Why You Need a Lawyer for a Workplace Injury

No insurance company likes paying claims, and workers’ comp insurers are no exception. Whether you file a personal injury or workers’ comp claim, you may have to overcome several obstacles to collect the compensation you deserve. You may be able to file both kinds of claims, and choosing one lawyer to help you makes the process easier.  

At Newland & Newland, LLP, we have the legal knowledge, experience, resources, and skills to meet these challenges head-on and will provide the guidance you need to achieve the best possible results. Let us handle the legal matters on your behalf.

Call for Your Free Consultation With Our Dedicated Arlington Heights, IL Workers’ Comp Lawyers

When you choose Newland & Newland, LLP, we will aggressively protect your rights and best interests after a workplace injury. Call us at 847-797-8000 to discuss your case with one of our skilled Rolling Meadows, IL personal injury attorneys.