Jerome, Salmi & Kopis, LLC – Law Firm in Fairview Heights, IL

Damages in Workers’ Compensation Claims vs. Personal Injury Claims

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When you are injured at work, your benefits are limited to a workers’ compensation claim as your employer is immune from any civil liability. However, you never need to prove negligence to be entitled to benefits under the workers’ compensation act. When you sustain a compensable work-related injury, you are entitled to payment of your medical bills; two-thirds of your wages that are tax-free; and permanent partial disability that is limited to a schedule of loss with significant caps on the amounts that can be recovered.

In comparison, filing a personal injury claim will give you access to a wider range of damages. Personal injury claims allow you to seek economic damages (lost time and medical expenses) as well as noneconomic damages. Noneconomic damages are those that do not have a concrete dollar value. The most common include pain and suffering, mental anguish, loss of consortium, and lost opportunities. You can also claim losses for vehicle damage in a personal injury claim. Workers’ compensation claims specifically remove any ability to gain noneconomic damages such as pain and suffering.

However, in order to bring a personal injury claim, you must prove that your injury is due to the negligence of another. Additionally, there needs to be some form of insurance that covers the negligent action. This is often difficult as selections are not covered through insurance, and others have significant caps in the amount of damages they will cover. Regardless, if you can successfully file a personal injury suit, your damages can be much greater.

Contact Us Today

If you need assistance with either a workers’ compensation or personal injury claim, 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.

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