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Difference between Workers’ Compensation Benefits and Personal Injury Damages

Written by Ankin Law Office

Workplace accidents and injuries leave employees and their families hurt, confused, and struggling financially. Injured workers sometimes assume that the only compensation to which they are entitled are workers’ compensation benefits when, in fact, they may also be entitled to personal injury damages in a third-party lawsuit depending on the circumstances surrounding the workplace accident.

Workers’ Compensation Benefits

Workers’ compensation benefits are generally available to injured workers, regardless of who was at fault for the accident, but there are limits on the amount of workers’ compensation benefits that an injured worker can receive. Depending on the extent of the work-related injury, the Illinois Workers’ Compensation Act provides for the following worker’s compensation benefits:

  • Medical expenses, including doctor visits, follow-up visits, physical therapy, and prescription medications.
  • Temporary total disability (TTD) benefits equal to two-thirds of your average gross weekly wage, up to a weekly maximum payment amount, if you are unable to work while recovering.
  • Permanent total disability (PTD) or permanent partial disability (PPD) benefits based on a percentage of your pre-injury wage, up to a weekly maximum payment amount.
  • In some cases, vocational rehabilitation benefits such on-the-job training, schooling, or job placement assistance.

Personal Injury Damages

Although injured workers are prohibited from their employer following the workplace accident, they may be able to file a personal injury lawsuit against any negligent third-party responsible for the accident. Third-party actions can apply to a number of situations, but they commonly arise in the following accidents:

A successful third-party personal injury claim may allow you to recover compensation for the following expenses and damages:

• Medical bills• Pain and suffering
• Lost income• Disfigurement
• Future medical bills and care• Loss of consortium

In some cases, punitive damages will be awarded as well. Punitive damages are meant to punish the negligent party for his or her wrongdoing, and deter future negligent or intentional wrongdoing.

Get Full and Fair Recovery for Your Workplace Accident

Because workers’ compensation benefits are generally based on a portion of the injured workers’ wages, and there are legal limits on the amount that injured employees can receive in workers ‘compensation benefits, an injured worker may wish to pursue applicable third party causes of action, as well. At Ankin Law Office, LLC, our Chicago workplace accident attorneys have considerable experience representing injured employees with both their workers’ compensation claims and any other third-party actions in order to get them the maximum recovery possible.

If you have been injured in a workplace accident, do not hesitate to contact us at (312) 600-0000 to schedule a free consultation with one of our Chicago workplace accident attorneys.

Categories: Personal Injury