Can I Have Workers’ Comp And Personal Injury Claim For Same Injury?

If you were hurt while working in Illinois, you can usually file a workers’ compensation claim to receive benefits during your recovery. But can you file a personal injury and workers’ comp claim for the same injury? Learn more below, then speak to our Illinois personal injury attorneys at I Am Calling My Lawyer for legal assistance.

How Illinois Workers’ Compensation Works

Workers’ comp in Illinois benefits you if you are injured on the job. The coverage pays your medical bills and partial lost wages as your recovery proceeds. In addition, workers’ comp benefits offer several advantages:

• Most Illinois organizations must offer workers’ compensation in case employees are hurt at work.
• You do not need to prove the employer was at fault to receive benefits.
• Workers’ comp coverage may be temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability.

However, as part of being eligible for workers’ compensation from your employer, you cannot file a personal injury lawsuit against the organization for your injuries. That said, it is possible to have a workers’ comp claim and personal injury claim for the same injury.

Third-Party Liability In Work-Related Injury Cases

Third-party liability for a workplace injury can occur when a person or entity other than your employer was at fault. For example, suppose you were hurt delivering a package for your employer and while crossing the street, a driver hits you in the crosswalk.

You were hurt during the scope of your employment, so you are eligible for workers’ compensation for your medical bills and wages. However, the negligent driver caused the accident, so they may be liable for your injuries in a personal injury claim.

It is important to remember that a third-party personal liability claim is separate from a workers’ comp claim. You can receive workers' compensation if an employee is hurt while working. You would work with your company and its insurance company to receive those benefits. It is possible to receive workers’ compensation benefits until you can go back to work unless you are fully disabled for life.

You can receive workers’ comp benefits even when filing a personal injury claim against a third party for your injuries. Receiving benefits and compensation from one claim does not preclude you from benefitting from the other.

How To Prove A Third-Party Claim

Filing a third-party claim for a work-related accident means making a personal injury claim against that party. A significant difference between workers’ comp and personal injury claims is you must prove liability in the latter case. Proving liability in a personal injury claim involves these aspects:

• The other person or entity had a duty of care. For example, a driver has a duty of care to drive safely, obey traffic laws, and not injure other people.
• For example, the other person or entity breached their duty of care when they hit you in a crosswalk.
• The breach led to the accident.
• As a result of the accident, you suffered injuries and other damages.

It may be advantageous to file a workers’ comp and personal injury claim simultaneously because workers’ compensation does not cover your entire wages, and there is no money for pain and suffering.

Contact Our Illinois Personal Injury Attorneys Today

Were you hurt at work? You could be eligible for workers’ comp, and a personal injury claim is possible if a third party was involved. Our Illinois personal injury attorneys at I Am Calling My Lawyer can help, so call today at (888) 841-4878.