A serious or fatal work accident impacts not only the worker but their family members and loved ones. The ramifications are both immediate and longstanding and come in many forms. There can be the cost of primary medical care and funeral expenses, for instance, as well as the long-term loss of future earnings that a disabled worker can no longer provide as the family breadwinner.
Fortunately, both state and federal law attempt to provide some level of justice for all these victims in the form of legally provided monetary compensation. Work incidents must be investigated to determine what law applies in the situation.
For instance, railroad workers are covered by special federal legislation. Read, Railroaders: Railroad Accidents on the Job in Illinois and Indiana. Injury victims at our famous Illinois International Port District may be covered by federal maritime coverage such as the Jones Act or the Longshore and Harbor Workers Compensation Act (LHWCA). Read, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Meanwhile, both the States of Indiana and Illinois have passed their own workers’ compensation laws to protect individuals who are hurt or killed while on the job. See, Workplace Safety and OSHA Regulations in Indiana and Illinois.
Finally, an investigation of the particular accident may reveal third parties have a legal responsibility for the event. This can include landowners under premises liability as well as manufacturers, designers, or repair companies found liable for failing equipment or machinery under defective product laws. Read, Premises Liability and Workplace Accidents: Third Party Injury Claims.
All these worker protection laws mandate that money is to be paid by those held responsible under the law for the on-the-job incident to the victims. The payments are collectively called “damages,” and they can vary in coverage and the amount provided depending upon many factors.
Compensatory Damages vs. Punitive Damages
One way to distinguish between different types of damages is to divide them into either (1) compensatory or (2) punitive damages.
Compensatory Damages
Compensatory damages under both federal and state laws of Indiana and Illinois are designed to make the accident victim as “whole” as possible in the aftermath of the event. They are provided in some form in all personal injury matters.
Compensatory damages include covering emergency medical treatment; rehabilitation costs after an amputation or spinal cord injury; and pain and suffering. See, Traumatic Amputations in Industrial Accidents.
Punitive Damages
Punitive damages are different. Lawmakers established them as a way to punish those that caused the victim’s injuries. They are also enacted to prevent these kinds of accidents from reoccurring in the future.
Punitive damages are only available in certain types of cases, and only if they have been specifically allowed under the law. Even in some shockingly egregious situations, punitive damages may not be available if not statutorily provided.
One obvious example: water contamination victims who can sue for damages under the Camp Lejeune Justice Act of 2022 are specifically prohibited under that statute from any punitive damage awards. For more, read: FAQs for Toxic Water Claims Under the Camp Lejeune Act.
Special or General; Economic or Non-Economic Damages
Within “compensatory damages” are several different categories of legal monetary compensation available to accident victims on the job.
Special or Economic Damages
Those with legal responsibility for the accident can be ordered to pay “special damages” or “economic damages” to the accident victim. These are expenses incurred because of their bodily harm, such as:
- Emergency transport from the site to the medical facility for treatment (EMS)
- Hospital stays
- Surgical costs (e.g., surgeon, anesthesiologist, etc.)
- Lost wages (past and future)
- Lost future earning capacity
- Rehabilitation expenses
- Home-health care services during the victim’s recovery.
General or Non-Economic Damages
The accident victim does not as easily prove other types of compensatory damages. These are legitimate damages that need additional evidence (like an expert’s opinion testimony) to support the victim’s claims against those responsible for the accident. These are called “general damages” or “non-economic damages,” and they include things like:
- Mental anguish or psychological suffering
- Physical pain and suffering
- Loss of ability to enjoy life.
Negligence or Strict Liability Damages
In most instances, bodily injuries caused by another’s actions or failures to act can be defined as either (1) accidental or (2) intentional.
In recent years, there has been an increase in the number of intentional injuries suffered by workers. One tragic example here is the growing trend in workplace shootings. Read, Growing Dangers of Workplace Violence and Employer’s Responsibility to Keep Workers Safe from Severe or Fatal Injury.
Accidental injuries on the job site can be caused by many things. Accidents due to the employer’s carelessness can be considered and provided for under state or federal law. However, there may be times when the party (or parties) who have a legal duty of care and safety to the worker are so blatant in their disrespect and disregard for safety standards and regulations that they can be held to a “strict liability” standard of damages. See, OSHA’s Severe Violator Enforcement Program: Employers Keep Putting Profits Over Worker Safety.
Wrongful Death Damages
When the accident victims succumb to their physical injuries, special laws may come into play to provide justice to the victims and their family members. These are provided under special “wrongful death statutes” enacted by state or federal lawmakers. Here, the statutes define the specific damages that can be awarded because of the untimely death of the victim, and they can involve payment for:
- Funeral costs
- Emotional distress
- Lost future wages or earnings of the decedent
- Lost services the decedent would have provided
- Loss of consortium
- Survival damages, e.g., medical care, pain and suffering, and other expenses incurred before death.
Seeking Justice After an On-the-Job Accident: Claims for Damages
For workers who are hurt while working, there will be the added stress of having the responsibility to file demands and claims for legal coverage of their injury damages. Under both state and federal law, the victim must come forward and proactively assert their legal right to damages from those liable for what has transpired.
The result may be a quick resolution, a long-negotiated settlement negotiation, a mediation award, or a jury verdict. In most instances, these victims will be represented by experienced advocates who help them advance these claims for damages and investigate the accident itself so that all with a legal responsibility can be held accountable. What some may assume is a concise worker’s compensation claim may in reality involve third-party personal injury liability where even punitive damages may be assessed.
For more, read:
- Workers Beware: BLS Reports Highest US Worker Death Rate in 5 Years
- Worker’s Right to Stop Dangerous Work Operations in Indiana and Illinois
- Corporate Greed That Disregards You and Me: The Importance of Punitive Damage Awards
- Bad Faith: When an Accident Victim is Victimized a Second Time by the Insurance Company.
Work accident damages can be complex here in Indiana and Illinois. Victims have the duty not only to prove their claims with admissible evidence but to understand what laws apply to their situation and the scope of liability involved, from employers to third parties. Please be careful out there!
