Comparative Negligence in Workers’ Compensation Claims vs. Personal Injury Claims

By David Jerome

Personal injury matters differ in their evaluation when compared to workers’ compensation claims. For example, personal injury law in Illinois and Missouri recognizes that multiple people may be to blame for a car accident. Under the comparative fault law in both States, this may affect the compensation accident victims receive. When two or more people are to blame for a car accident, each liable party is assigned a percentage of the blame. If an accident victim is assigned a percentage of fault, it will reduce the total damages they can recover. In some cases, it may mean an accident victim cannot recover compensation.

Illinois is a modified comparative negligence state. This means if an accident victim carries more than 51 percent of the blame for the accident, they cannot file a claim for damages. On the other hand, Missouri is a pure comparative fault state, which means that even if a driver was 75 percent at fault for a crash, they could still recover some compensation.

In both States, the compensation that accident victims can receive if they carry some degree of fault is reduced by the same percentage of fault. For example, if you were found to be 20 percent to blame for an accident in either state, the damages you would receive would be reduced by the same 20 percent.

Comparing personal injury claims to workers’ compensation claims, workers’ compensation is a no-fault system in both Illinois and Missouri. This means you can still claim full medical and lost-wage benefits even if you contributed to your workplace accident. In fact, issues of negligence or fault are not even considered in final determinations regarding the payment of benefits.

Contact Us Today

If you have suffered a work injury or a personal injury, it is recommended that you seek an experienced attorney who understands the interplay between the two causes of action. At the Law Office of Jerome Salmi & Kopis, LLC, our skilled attorneys can advise you of the law and how it applies to your workers’ compensation case and third party case to help you claim the full benefits you are entitlted. Call us today at (618) 726-2222 or fill out our online form to schedule a free consultation and to learn more.

Can You Get Unemployment After Workers’ Compensation?

If you’ve been hurt on the job or have suffered an illness due to workplace conditions, you’ll likely have to miss some time from work while you recover. Perhaps you’ve already made a full recovery, or you can work with lighter duties, but you can no longer work in your previous position. Whatever the case,

Can You Work Part Time on Social Security Disability?

Generally, you are able to work on a part-time basis while receiving Social Security disability benefits, but your earnings cannot exceed the specified amount outlined by Social Security every year. This specific amount is known as the “substantial gainful activity” (SGA) limit and if you earn more than this, Social Security will assume you are

Is Missouri a No-Fault State?

In every state throughout the country, auto insurance plays a large role in any car accident. In no-fault auto insurance states, injured individuals must file a claim with their own insurance company to recover benefits, regardless of which party was at fault for the crash. So is Missouri a no-fault state? And what does that