Industrial workers in our part of the country are being warned about increasingly high risks of serious bodily injuries or death suffered in a work accident, despite known industrial protocols and legal requirements designed to keep people safe on the job. Employees in particularly dangerous industries like manufacturing, trucking, warehousing, and mining are especially vulnerable to a life-altering or fatal work accident. See: More Workers Are Dying In Work Accidents Per New BLS Report and New 6-Year Serious Injury & Fatality Report for Five Industries.
For those worker victims and their loved ones, both state and federal laws provide avenues for justice in the aftermath of these tragedies. Monetary help after a catastrophic or fatal work accident can come from two main sources: (1) workers’ compensation plans; and (2) personal injury claims for relief filed in civil court.
For more, read: Catastrophic Injury Accidents: Special Legal Protections for Victims and Families in Indiana and Illinois; and The Six Basic Injury Dangers Facing Workers in Illinois and Indiana.
Workers’ Compensation in Illinois and Indiana
The first question to be answered after a work accident is where did it happen? Work accidents will be under the jurisdiction of the state where they occurred, as a general rule. In some circumstances, such as a shipyard accident or railroader injuries, federal law will apply. For more, read The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois and Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Workers’ Compensation is Insurance Policy Purchased by Employer
The state lawmakers in Illinois and Indiana have passed state statutes creating worker’s compensation systems to help injured workers in that state. In Illinois, the worker’s compensation system is overseen by the Illinois’ Workers Compensation Commission. Indiana oversight is provided by the Workers’ Compensation Board of Indiana.
These laws mandate that employers purchase a specific type of insurance policy that provides protection for workers who are hurt on the job. Illinois law, for instance, requires almost every employer with even a single or part-time employee to buy worker’s compensation coverage. These are different from things like group health plans or disability policies. These are specific workers’ compensation liability policies that are offered by a select group of insurance companies approved by the state.
After a work accident, the workers’ compensation insurance carrier gets the accident claim and institutes an investigation. The worker victim is examined by doctors, among other things. Key here is that the worker victim does not have to provide any proof of fault in the work accident in order to get paid.
Each of these state oversight organizations works to administer their respective workers’ compensation legal systems through things like arbitrations, formal adjudications, and informal dispute resolution services.
No one goes into a courtroom to fight for justice in a workers’ compensation case. These are claims filed under the state law requiring specific insurance coverage provided by the employer.
Workers Compensation Help Defined by Statute
The state statutes that demand this type of insurance be provided by employers also defines exactly what things are to be covered by the policies. The policy coverages are limited by law.
Not all harm suffered by the accident victim will be compensated here: for example, pain and suffering is not covered by workers’ compensation policies in Indiana.
Worker victims may be provided benefits under their employer’s worker’s compensation liability policy for things like:
- expenses for medical treatment needed for work injury (as approved within the statute);
- weekly benefits when work accident injuries keep worker victim from going back to their old job; and
- income benefits when work accident injuries block worker victim from working at all at any kind of job.
It is possible for a worker-victim to receive a lump-sum disability benefit under the workers’ compensation policy in compensation for their permanent impairment.
Claims for Work Accident Injuries in a Personal Injury Lawsuit
Workers hurt on the job in Illinois or Indiana may also be able to file a civil claim for personal injury damages in state court. In the event of a fatal accident, both the representative of the deceased worker’s estate as well as certain family members may file a wrongful death claim. Read, Who Can Claim Damages After a Work Accident in Indiana or Illinois?
This is an entirely different system of justice from the workings of either state worker’s compensation oversight agency. Here, the work accident claim is a lawsuit. It is filed with the injured parties appearing as plaintiffs, having the standard duties of proving up their cause of action against the defendants in order to be awarded damages.
Unlike workers’ compensation claims, the plaintiffs here have to investigate for facts that can be introduced as authenticated and admissible evidence of every legal element of their claim. There may be a need for expert witnesses to provide opinion testimony by expert reports; depositions; and/or trial testimony.
Plaintiffs and Defendants
Most work accident plaintiffs must prepare a legal case that involves things like prima facie showing that the defendants: (1) have a duty of care to the injured victim; (2) this duty was breached; (3) this breach of duty was a cause of the harm suffered by the victim; and (4) the past, present, and future damages resulting from this breach of duty.
Each of these cases must be given its individual respect. Sometimes, negotiations will end things before the case gets to the courthouse.
Settlement or Trial
If the case is settled, then the defendants (and possibly their insurance carriers) will enter into a contract (“settlement agreement”) and pay the agreed-upon amount to resolve the case. If the case goes to trial, then a judgment will be entered. That judgment can be executed against those found legally liable for the plaintiffs’ damages in order to obtain monetary relief.
Greater Amount of Available Damages
Of importance here for the worker victim and their loved ones is the greater range of injury damages that are available with personal injury law claims which are not covered by the employer’s workers’ compensation insurance policy.
Work accident personal injury damages can include things like pain and suffering; lost earning capacity; future medical needs; loss of enjoyment of life; psychological harm (depression; anxiety disorders; etc.); and even punitive damages in some circumstances.
Number of Defendants
Another key difference here: workers’ compensation claims involve the employer and are covered by the employer’s insurance policy. Determinations must be made under the law to show that the worker victim has a legal right to pursue claims against the employer even if there is worker’s compensation coverage. Not all personal injury claims can be filed against the employer.
The personal injury claim may involve several defendants who may all have failed in their responsibilities of safety and care in the work accident.
For example, a worker victim hurt in a motor vehicle accident while on the job may have claims against third-party drivers and others who are legally liable for what transpired. Manufacturers, suppliers, or maintenance companies involved with defective machinery, equipment, or tools in a factory accident may be liable. Also, consider a construction worker hurt on the job; several third parties may be liable for personal injury damages outside of any state workers’ compensation coverage, including professionals like architects and engineers.
For more, read: Premises Liability and Workplace Accidents: Third Party Injury Claims; Workers’ Compensation and Third-Party Claims for On-the-Job Accidents; and Who Can Be Held Liable for Construction Worker Accidents?
Seeking Justice After a Catastrophic or Deadly Work Accident in Indiana or Illinois
The dangers facing industrial workers in Illinois and Indiana are increasing, and more workers in our country are being hurt or killed in preventable work accidents. From Warsaw, IN, New Carlisle, IN to Chicago, IL, work related injuries are increasing! In the aftermath of these travesties, worker victims and their loved ones have the burden to pursue justice against those who are legally responsible for the harm they have suffered. There is no law demanding that these companies step forward and do the right thing, unfortunately.
Work accident victims have to file for workers’ compensation coverage. Worker victims and their loved ones have to undertake the task of deciding if there is a viable personal injury lawsuit to be filed and to then file their case and pursue it successfully under the laws of evidence and procedure.
Too many people are being hurt or killed in work accidents. Too many companies are putting profits over people and failing in their legal duties of safety and care on our jobsites.
Workers in Illinois and Indiana need to know after any work accident not only why that accident occurred but to determine what parties may have legal liability for the resulting harm both to the worker and the victim’s family members.
There is no requirement that any worker rely upon a company representative or an insurance adjuster for confirmation of the causes of the work accident. An independent investigation may reveal not only the full scope of workers’ compensation benefits but the availability of significant personal injury damages to both the worker victim and their family members. State or federal laws will define the legal breaches of care and safety that establish damage liability for all responsible parties.
For more, read:
- What Is The Most Dangerous Job in Indiana and Illinois?
- Death on the Job: Industrial Accident Fatalities in Illinois and Indiana
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Industrial workers in our part of the country, especially trucking, construction, manufacturing, and warehousing, are working in unacceptably dangerous working environments. Please be careful out there!
