"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

Archive for the ‘personal injury claim’ tag

The Difference Between Workers’ Compensation and Personal Injury

July 15th, 2019 at 9:28 am

Workers’ compensationIL work injury lawyer, Illinois workers comp attorney and personal injury cases are similar in that an injury can be reimbursed with monetary value, but they are two different aspects of the law that require their own unique strategies. The truth is that personal injury rarely comes up when faced with an injury at work scenario. Instead, workers are protected by workers’ compensation.

Workers’ compensation covers missed wages and medical expenses when an employee is injured at work. Most employers are required to have a workers’ compensation insurance no matter the size of their business or how many employees they have. Instead of an employee suing the company they work for, or another employee, workers’ compensation resolves the issue rather than a personal injury lawsuit. However, there are exceptions to this. Certain workers have the right to file a personal injury lawsuit against their employers such as Navy service men or interstate railway workers. Another situation is if a third party involved in a work injury. They can be sued for personal injury, however, the employer still cannot.

The biggest differences between workers’ compensation and personal injury claims are fault, compensation, and consideration of pain and suffering.

In a personal injury accident, the fault of the incident plays a big factor in compensation. In order to win a personal injury case, the fault must be determined. If a drunk driver causes a car accident, then they are at fault for a person’s injuries because they were breaking the law and the accident likely would not have happened if they were sober. When a person is injured at work, the fault is not a factor that is considered when rewarding benefits. A worker could have caused their injury, and they still have the right to collect workers’ compensation benefits. The results would be the same if a co-worker caused the accident.

When a worker gets workers’ compensation benefits for a temporary disability, their medical bills, rehabilitation, and lost wages are covered. A person is compensated more if the injury results in a permanent disability that prevents returning the workforce. A personal injury lawsuit can end in these results as well, but also have the opportunity to win property and lost potential earning damages.

As part of not being able to due to personal injury, an employer cannot sue for pain and suffering caused by a work accident. The benefits given will instead reflect the severity of the injury. For example, more benefits will be given to a person whose leg is amputated versus a broken leg. In a personal injury lawsuit, pain and suffering can be considered when seeking damages in a lawsuit.

Contact a Chicago Workers’ Compensation Attorney

While you cannot sue for personal injury from your employer in most cases, you still deserve appropriate workers’ compensation benefits. If your employer is uncooperative after an injury at work, contact an experienced Cook County workers’ compensation attorney today to have a lawyer advocate on your behalf. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

https://www.law.cornell.edu/wex/jones_act

Injuries Caused by Third Parties

December 27th, 2017 at 7:33 pm

Chicago workers’ compensation attorney, injuries caused by third parties, personal injury claim, personal injury lawsuit, workers' compensation benefitsSeveral weeks ago 36-year-old driver struck two construction workers in Joliet, Illinois, causing serious injuries, according to the Joliet Patch. The man was on his cell phone when he approached a work zone on Interstate 80. Distracted, the man drove his 1996 Ford F-350 into a digital board sign and then into two construction workers, both of whom were taken to the hospital. He was charged with aggravated driving and aggravated reckless conduct. But what does this mean for the two construction workers in terms of compensation? Will they be able to sue or are they merely limited to workers’ compensation benefits? 

If you are in a similar situation, and have been injured by a third party while you were on the clock at work, you need to contact an attorney immediately. A Chicago workers’ compensation attorney will be able to answer all your questions and help you towards the road of financial stability 

Collecting Workers’ Compensation and Filing a Lawsuit Requires an Experienced Attorney

When you get injured by a third party while you are at work, such as the case above, you have the ability to receive workers’ compensation and pursue a personal injury lawsuit at the same time. The workers’ compensation will kick in immediately, while the lawsuit or settlement will likely take many months or even years. You get the best of both worlds in this situation, right? Unfortunately, your employer’s insurance company will most likely apply a lien to the personal injury claim. This means that they will soak up some or much of the compensation that you receive from the negligent third party. Let us use the following as an example:

  • Your injuries cost $100,000 in medical damages and lost wages, paid for by your employer’s insurance carrier; and
  • You successfully settle or win a personal injury lawsuit for a net gain of $120,000.

Your employer’s insurance company could theoretically place a lien on that claim for up to $100,000, and attempt to collect all of that money. This would leave you with just a fraction of what your injuries were worth. Seems unfair, and is doubly so when taken into account the fact that in Illinois, your employer’s carrier has the ability to sue the third party directly. While workers’ compensation can be divvied out fairly quickly, and go directly towards medical coverage, paying the mortgage, and putting food on the table, it does not provide any compensation for pain and suffering, which is often the largest aspect of a personal injury lawsuit.

Call an Attorney Today 

You need to work with an attorney who will aggressively fight for every dollar of the personal injury lawsuit winnings, and ensure that your employer does not take back what you fought to receive and is rightfully yours. We encourage you to contact an experienced Chicago workers’ compensation attorney with the Law Offices of Francis J. Discipio today.

Sources:

http://www.uslaw.org/files/Compendiums2016/2016_USLAW%20State-by-State%20Subrogation%20Rights%20for%20Workers%20Compensation%20Liens%20Compendium.pdf

https://patch.com/illinois/joliet/two-workers-injured-i-80-after-distracted-driver-strikes-them-state-police

Back to Top Back to Top Back to Top