Does Workers’ Compensation Cover Non-Economic Damages in Illinois?

Sustaining an injury at work can be traumatic, as you may have a difficult time navigating the serious injuries you’ve suffered. In turn, you’ll find that these injuries can lead to emotional damages, like pain and suffering, loss of enjoyment of life, or depression. As such, you may wonder whether or not your workers’ compensation award will account for these matters, known as non-economic damages. If this reflects your circumstances, you’ll want to keep reading to learn what you should know about these matters, including the importance of working with an Illinois workers’ compensation attorney to assist you through this process.

What Are Non-Economic Damages, and Does Workers’ Comp Cover Them?

When you are injured in an accident, you’ll likely incur two types of damages – economic and non-economic. Economic damages typically reflect the actual monetary losses you’ve suffered, like medical bills, lost wages, and medical equipment. Non-economic damages, on the other hand, reflect subjective losses, like emotional distress or loss of enjoyment of life. These cannot be easily valued, as they have no actual monetary value attached.

It’s imperative to understand that you generally cannot seek compensation for these losses when filing a workers’ compensation claim in Illinois. This is because the workers’ comp system is designed to ensure that workers can receive compensation for the injuries they’ve suffered at work, regardless of who is responsible. As such, because this process is simplified, you’ll relinquish your right to seek additional compensation for an accident that happens at work.

Can I File a Claim Against My Employer For These Damages?

If you have endured non-economic damages as a result of a work injury, you may wonder if it’s possible to file a claim directly against your employer for this compensation, or file a claim in addition to recovering workers’ compensation. Unfortunately, this is not the case.

Under Illinois law, like most states, workers’ compensation is often the exclusive remedy for injuries that happen in the workplace. As such, you are generally unable to file a claim against your employer in conjunction with or entirely separate from a comp claim.

However, there are extraordinary circumstances under which a third-party claim against your employer can happen. This is the case in the event that your employer is in violation of Illinois law and does not carry workers’ compensation insurance as required by law, or they intentionally harm you. If the act was intentional, meaning your employer went out of their way to knowingly inflict harm, this would no longer be limited to a workers’ compensation claim, and you can file a direct claim against your employer. As such, you are eligible to seek non-economic damages in these instances.

When you are injured at your place of work, navigating the legal system in place can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with the Law Firm of Kevin A. Moore. Our dedicated team will do everything in our power to help you recover the compensation you deserve for the injuries you’ve sustained. When you need assistance, do not hesitate to contact our firm today.