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2114 Deerpath Road, Aurora, Illinois 60506
630-907-0909
When you are hurt at work, your employer’s workers’ comp policy should pay for your medical expenses, a portion of your lost wages, and other qualifying losses. Accepting these benefits usually makes you ineligible to file a personal injury claim against your employer. However, you are not prohibited from bringing a personal injury claim against another party that caused your injury.
What is the difference between workers’ comp and personal injury claims? How do you know if you qualify for both? Working with a knowledgeable Aurora, IL workers’ compensation lawyer who also handles personal injury cases streamlines the process and can maximize the amount of compensation you receive.
Before the workers’ comp program started, injured workers had to wait indefinitely to receive compensation for work-related injuries, and there was no guarantee their claims would be successful. Workers’ compensation insurance was established to provide immediate financial assistance for workers who became ill due to job-related duties or were injured while on the job. In addition, this system protects employers from liability lawsuits in most cases.
This no-fault system does not require you to prove that someone’s negligence caused your injuries and associated losses. Although the benefits should begin quickly, they are limited. There is no compensation for your intangible losses, which include pain and suffering and other ways your life is adversely impacted.
Most personal injury actions require you to have evidence of negligence, which establishes fault and liability. These cases can take months or years to resolve, potentially leaving claimants with significant financial hardships. Many physicians want to be paid immediately rather than waiting indefinitely, so finding the medical care you need can be challenging.
However, the payout from a personal injury claim could cover a broader range of damages. Instead of a portion of your lost income, you can seek the full amount. You could also receive non-economic damages for your intangible losses.
Even though you sustained your injury while working, a third party may be responsible for causing it. Examples include:
Other drivers who cause a collision when you are driving as part of your job duties
Delivery people who injure you while at your place of employment
Workers for other construction crews who are at the same job site
Equipment manufacturers or maintenance companies that provided defective equipment or failed to service it adequately
Some exceptions could allow you to file a personal injury claim against your employer, for example, when there are cases involving gross negligence or your employer does not have workers’ comp insurance. The best way to determine all avenues for compensation is to consult one of our attorneys.
Along with identifying all potential sources for compensation, an experienced lawyer knows how insurance companies operate. Insurers do not like paying claims and will likely try several underhanded tricks to avoid paying yours. We know how to outmaneuver them.
Partnering with a single attorney for multiple claims, such as a workers’ comp and personal injury claim, makes the processes simpler and smoother. We can keep track of the status of both cases at any time and can work them both simultaneously and seamlessly.
When you are injured at work, you deserve all the workers’ comp benefits you are entitled to. You may also qualify for additional compensation through a personal injury claim. Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help with both, working hard to help you secure the highest available payout. Contact us online or call 630-907-0909 now to request your free case review with one of our skilled Aurora, IL personal injury attorneys.
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2114 Deerpath Road, Aurora, IL 60506 630-907-0909
