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Archive for the ‘survivor benefits’ tag

Workers’ Compensation vs. Personal Injury

July 11th, 2018 at 5:26 pm

DuPage County workers compensation attorneys, personal injury claims, prove negligence, survivor benefits, workers compensationWorkers’ compensation and personal injury claims may help you recover compensation after an accident that left you injured. Since it may be unclear which type of claim is right for your particular situation, consider the following guide to help you understand how workers’ compensation and personal injury claims differ.

Fault in Causing the Accident

The issue of who is at fault in causing an accident is one of the key differences between workers’ compensation claims and personal injury claims. In a personal injury claim, you must prove the other party’s negligent actions caused the accident and injuries you have sustained.

However, in a workers’ compensation claim, you are not required to prove negligence. Since Illinois workers’ compensation is a no-fault system, you are entitled to collect workers’ compensation benefits if your accident and injury occurred while you were working. Even if you caused the accident, you may recover workers’ compensation benefits.

Types of Compensation

Compensation also differs in workers’ compensation and personal injury cases. In a personal injury claim, you may recover compensation for the following damages if you are able to prove negligence:

  • Past and future medical bills;
  • Past and future lost wages;
  • Pain and suffering;
  • Emotional distress;
  • Disability and disfigurement; and
  • Wrongful death

Damages such as pain and suffering and emotional distress, are not recoverable in Illinois workers’ compensation cases. In a workers’ compensation claim, you may recover for the following:

  • Medical Expenses: 100 percent of all medical expenses are covered without any deductibles or co-insurance payments.
  • Partial Permanent Disability (PPD): PPD is designed to compensate your injuries if you sustain a partial loss of the use of a body part.
  • Permanent Total Disability (PTD): If you are unable to work because of your injury or you lose two of the same body parts, you are entitled to PTD benefits for life.
  • Wage Loss: In the event your injury prevents you from performing your job, or you must take a lower paying position, you can collect wage loss differential benefits.
  • Vocational Training: If you are unable to return to your job because of your injury, you may receive compensation for retraining so you can receive the training you need to work in another profession.
  • Survivor Benefits: If your loved one was killed on the job, you are eligible for survivor benefits.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, it is important to seek highly skilled legal representation. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim and more information on the differences between personal injury and workers’ compensation claims.

Source:

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

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