Workers who have suffered catastrophic injuries in an on-the-job accident here in Illinois or Indiana can seek justice in a variety of established legal protections. Each situation must be evaluated on its own independent characteristics: no two injury cases are exactly the same.
Different bases of liability will apply in different scenarios, depending upon things like (1) whether state or federal statutes apply; and (2) if the victim was within the course and scope of employment. Discovery may reveal more than one party is legally responsible for the harm.
For details, read Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages; and The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.
Of course, no financial payment will ever fully restore the victim and their loved ones to the position they enjoyed before the tragedy took place. The sad truth is usually several lives are forever altered in severe or deadly work accidents.
However, both state and federal law recognize that monetary relief is both necessary and just for those who have suffered harm on the worksite due to the actions or inactions of another. Money may not resolve everything, but it is a very important component of justice for worker victims and their families.
Where does this financial recompense come from? It may be paid by (1) employers via worker’s compensation claims; as well as (2) others in response to civil demands filed against these third parties whose breach of a legal duty of care and safety has caused harm.
For victims and their loved ones, it is vital to know the differences in what is available in monetary compensation after a work accident in a worker’s compensation claim as compared to a lawsuit filed based upon various forms of civil personal injury law.
Consider that, depending upon the law that applies:
- different people may be recognized as claimants;
- different types of harm may be recognized as compensable; and
- different amounts may be available to the victim and their loved ones.
Workers’ Compensation Coverage and Benefits in Illinois and Indiana
Workers’ compensation laws in Illinois and Indiana both provide protection for workers hurt while on the job, but the two state systems do not mirror each other. There are also possible federal worker’s compensation laws that may apply to some worksite accidents. Each worker’s compensation scheme is unique. See, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
However, all can be said to provide the worker victim with financial help (called “workers’ compensation benefits”) in the form of (1) medical coverage and (2) lost wages after the person has been injured on the worksite. And, workers’ compensation will cover accident injuries as well as occupational illnesses.
The workers’ compensation benefits are specific items provided in the employer’s worker’s compensation liability coverage insurance policy. The insurance claim will cover things like:
- a percentage of lost wages (the victim is not able to get 100% of regular wages compensated) until the cap is reached; and
- medical expenses incurred in care and treatment after the accident.
However, these insurance policies do not cover things like pain and suffering; lost quality of life; loss of consortium; or lost future earning capacity.
Specifically, the Workers’ Compensation Board of Indiana explains the Indiana Workers’ Compensation Act provides for the following:
- Wage replacement benefit normally at 2/3 of wages.
- Medical care to address workplace injuries.
- If not returned to pre-injury condition following medical treatment, monetary benefit based on impairment rating from physician.
In comparison, the Illinois Workers’ Compensation Commission explains that Illinois’ statutory coverage has “benefit categories” as follows:
a) Medical care that is reasonably required to cure or relieve the employee of the effects of the injury;
b) Temporary total disability (TTD) benefits while the employee is off work, recovering from the injury;
c) For injuries that occur on or after February 1, 2006, temporary partial disability (TPD) benefits while the employee is recovering from the injury but working on light duty for less compensation;
d) Vocational rehabilitation/maintenance benefits are provided to an injured employee who is participating in an approved vocational rehabilitation program;
e) Permanent partial disability (PPD) benefits for an employee who sustains some permanent disability or disfigurement, but can work;
f) Permanent total disability (PTD) benefits for an employee who is rendered permanently unable to work;
g) Death benefits for surviving family members.
Workers’ compensation laws are written by lawmakers as a means of helping injured workers, and this is a good thing. There will be help. However, these laws also insist upon the employee giving up the right to sue their employer for negligence in order to apply for the worker’s compensation benefits.
The balance here is that the worker is assured of certain financial protections because of the workers’ compensation insurance policy, but not all the harm is covered and the right to sue the employer is barred.
Worker’s compensation benefits are infamous for not compensating the worker victim for all the damages they have suffered in the work accident.
Damages Available to Victims in Personal Injury Claims
However, workers hurt on their worksite may find after some investigation that there are third parties who bear legal responsibility for what has transpired. These situations are outside of the workers’ compensation laws.
Here, the worker victim can file a personal injury lawsuit against one or more companies or individuals and seek full legal damages under tort law. These cases may involve things like:
- a product liability claim based upon defective tools, machinery, or equipment where manufacturers, shippers, distributors, or repair companies may be legally liable for damages;
- cleaning services or maintenance companies may be liable for failures in machinery or housekeeping accidents, such as a deadly slip and fall on a factory floor;
- failures in warning labels may establish liability for vendors and others; and
- construction site accidents may find liability in several parties, such as engineers, architects, and assorted contractors.
For more, read When Tools Are to Blame for Serious Work Accidents: Who’s Responsible? Product Liability; Premises Liability and Workplace Accidents: Third Party Injury Claims; Accident Injuries and Warning Labels: How Many Have Legal Liability for the Victim’s Harm? and Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
In these personal injury matters, the law provides for a variety of damages as well as the ability of not only the injured worker but certain family members to be paid for the harm they have experienced because of the accident and its aftermath.
Damages in a personal injury case can involve:
- medical expenses (past, present, future);
- rehabilitation costs (past, present, future);
- emotional distress (past, present, future);
- physical pain and suffering (past, present, future);
- psychological trauma / mental anguish (past, present, future);
- permanent impairment or disfigurement;
- out of pocket expenses;
- lost earning capacity; and
- loss of consortium.
For more, read: Who Can Claim Damages After a Work Accident in Indiana or Illinois?; What are Legal Damages After a Work-Related Accident in Indiana or Illinois? and Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Punitive (Punishment) Damages
Finally, there are some cases where the law will allow for the jury to decide upon an amount in punitive damages as a part of their verdict and award. Punitive damages are not any amount that correlates to an exact injury suffered by the plaintiffs. Instead, these are monetary awards designed to send a message into the future to prevent these sorts of incidents from happening again as well as punishing the wrongdoer for their flagrant bad acts.
Punitive damages are not allowed in all personal injury cases, but they are a component of some. They are not a part of any workers’ compensation claim.
What is Subrogation?
What happens if a worker files for worker’s compensation benefits and then discovers, and files, a personal injury lawsuit against various third parties for harm suffered in a work accident? First, the worker’s compensation benefits will be paid pursuant to the employer’s policy. This happens pursuant to the schedule established under the applicable workers’ compensation law.
Then, after the personal injury claims are pursued and the victim is victorious and receives payment on these third-party injury claims, the employer can exercise what is known as “subrogation rights.”
Here, the worker’s compensation benefits are reimbursed out of the personal injury proceeds as provided by the specific law that applies to the case.
Damages After Serious or Fatal Work Accident in Indiana or Illinois
After a worker has been seriously injured on the job, there are laws that come to the aid of that worker and their loved ones to help them financially. Both workers’ compensation benefits and personal injury claims can provide recompense for things like lost wages, medical expenses, loss of a normal life, and more.
Unfortunately, all workers and their loved ones must bear the burden of dealing with the realities of the accident itself while undertaking the task of filing for these forms of legal relief.
The wrongdoers do not have a duty to do this — the victims must seek justice, and they must do so before a time deadline set by law, or their claims will be barred no matter how valid they may be.
For more, read:
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations;
- More Workers Are Dying In Work Accidents Per New BLS Report;
- New 6-Year Serious Injury & Fatality Report for Five Industries;
- Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry
- Illinois Workers Hurt in a Car Crash While Driving for Work: Legal Rights under Illinois Law;
- Indiana Workers Injured in a Motor Vehicle Accident While Driving On the Job.
Worker victims have a right to seek justice from those parties who are legally liable for the harm they have caused. The laws here can be complex, damages will vary, and each situation must be given its individual respect. Workers’ compensation benefits and personal injury claims may be available after serious on the job injuries in Illinois and Indiana. Please be careful out there!
