Personal injury claims allow accident victims to pursue damages against the liable parties.
However, employees who suffer work injuries can file worker’s compensation or personal injury claims. Don’t rush to file either claim if you suffer a work injury — take your time to determine your next moves.
Answer the following questions to help you determine which route to take to get the compensation you deserve.
How Fast Do You Need the Money?
Personal injury claims don’t have definite timelines for settlement or litigation. The defendant is likely to reject your first demand as the first step in negotiations. The negotiations may end in settlement or litigation — the latter if you reject the defense’s last offer and sue them. This process can take weeks or years.
The Illinois Worker’s compensation Commission (IWCC) requires employers to deny or start paying benefits within 14 days of claim filing. The deadline applies if your injury causes you to miss work for more than three days.
From the above options, a workers’ compensation claim is best for those who need money as fast as possible. The personal injury claim route makes sense if you can afford to wait or have alternative sources of money, such as lawsuit loans.
Who Is Liable for Your Damages?
You may enjoy your workers’ compensation benefits irrespective of the liable party. However, personal injury claims only apply against certain defendants. Therefore, the liable party determines which claim you can make.
For example, you cannot sue your employer or coworkers for personal injury damages. Say your coworker carelessly leaves some tools on the floor, which cause you to trip and fall. You cannot sue the coworker for negligence. You only get to sue your coworkers and employer in a few exceptional cases, for example, if they intentionally cause your injuries.
How Strong Is Your Evidence?
Workers’ compensation does not require you to prove liability for your injuries. You can receive the benefits even if you don’t know the liable party. For example, you may enjoy workers’ compensation benefits if you trip and fall on a toy and don’t know who left the toy on the floor.
However, personal injury claims require you to prove liability. Say you suffered work injuries due to defective power equipment. You must prove that:
- The defendant is liable for the defect
- The equipment caused you real injuries
- The equipment is inherently defective
- You were using the equipment as the manufacturer intended
You may need eyewitnesses, expert witnesses, and other forms of evidence to prove your case. Otherwise, you might lose your case. The worker’s compensation route makes sense if you lack evidence for your claim.
What Is the Nature of Your Damages?
Personal injury laws allow you to seek compensation for all losses that the liable party cash caused you. You can recover both economic (such as medical bills) and pain and suffering damages (such as emotional pain).
Workers’ compensation damages do not compensate all damages. Specifically, worker’s compensation covers economic damages and excludes non-economic damages such as pain and suffering. For example, workers’ compensation will not compensate you for the loss of consortium.
Analyze your case to determine which damages have weight. For many accident victims, the economic damages outweigh the non-economic ones. Worker’s compensation benefits work
well for such victims. However, consider a personal injury claim if you have significant non-economic damages.
Work injury claims are complicated. Don’t make a mistake that can cost you your compensation. Consult an experienced lawyer to evaluate your case and advise you on the best case to file. You may even file both worker’s compensation and personal injury claims in some cases. Contact Williams & Swee for a free consultation to determine your next steps.
