Can I File a Personal Injury Claim and a Workers’ Compensation Claim?

When you are injured at work, it can be incredibly difficult to navigate your legal options. Unfortunately, many workers are unsure of whether or not they can pursue a workers’ compensation claim or if they must file a personal injury claim against their employer. If this represents your circumstances, the following blog explores your legal options, including the importance of working with an Illinois workers’ compensation attorney to help ou discuss your options and fight for the best possible outcome on your behalf.

Can I File Both a Personal Injury and Workers’ Comp Claim?

First and foremost, it’s important to understand the basics of workers’ compensation. This is a no-fault system that requires employees to collect compensation for injuries they sustain on the job, regardless of whether or not their employer was negligent. In Illinois, the vast majority of employers are required, by law, to offer this coverage to their workers.

However, it’s necessary to note that if you are able to recover workers’ compensation, you are barred from filing a lawsuit against your employer for the damages you’ve suffered, even if they are responsible for the injuries you sustained.

It’s imperative to understand that while you are generally barred from filing a lawsuit against your employer instead of claiming workers’ compensation, there are two general exceptions. This includes instances in which an employer intentionally and maliciously causes injury to an employee, or the employer does not carry workers’ compensation. However, because Illinois law requires nearly all employers to provide workers’ compensation insurance, the latter is generally not applicable in the state.

Are There Any Exceptions to This?

It’s necessary to understand that there are some instances in which an injured employee may be able to file both a workers’ compensation claim and a personal injury lawsuit. While you are typically unable to pursue both a personal injury and workers’ compensation claim against your employer, you are generally able to file lawsuits against third parties while collecting compensation.

For example, if you are injured by a defective product, like a power tool or piece of equipment, you would be able to file a claim against the company responsible for manufacturing the product, while also recovering workers’ compensation from your employer. This is also the case if you are injured by a contractor or other person outside of your company while on the job.

As you can see, it can be incredibly difficult to navigate these matters on your own. That is why working with an experienced attorney to guide you through this process is in your best interest. At the Law Firm of Kevin A. Moore, our dedicated legal team will do everything possible to help you recover the compensation you deserve for the injuries you’ve sustained. When you need help, do not hesitate to contact our team today.