Main Differences between Workers' Compensation and Personal Injury Cases

Last updated 2 months ago

If you have sustained an injury for which you deserve compensation, you may be able to file a workers’ compensation claim or a personal injury claim. However, the type of claim that is appropriate for your injury can sometimes be unclear. At Santilli Law Group, we can determine the correct type of claim to file for your injury and help you receive the compensation you deserve.

Cause of the Injury

A workers’ compensation case involves an injury that happened while a person was performing the duties of his or her job. The employer does not have to be at fault in order for the employee to receive workers’ compensation. On the other hand, a personal injury case involves an injury to a person that was caused by the negligence of another. In this case, it does have to be shown that the accused party was at fault for compensation to be awarded.

Filing a Claim

Personal injury claims are filed in a state court. The Illinois Workers’ Compensation Commission handles all workers’ compensation claims and most cases do not involve the court system. However, there are particular cases where a worker who was injured may file a personal injury claim instead of a workers’ compensation claim or even file both types of claims.

Possible Compensation

In Illinois, workers’ compensation policies have undergone several recent reforms. You can currently receive compensation that covers two-thirds of your lost wages, any medical expenses, disability payments, and retraining costs. Like a workers’ compensation claim, a personal injury claim may result in the repayment of lost wages and medical expenses, and can also include compensation for pain and suffering.

It is important to contact an experienced attorney immediately after you have been injured on your job or due to the negligence of another. At Santilli Law Group, we will help you navigate the complicated compensation systems and fight for a positive outcome to your case. For a free consultation, call us today at (312) 854-0943.

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