What Types Of Damages Can You Recover?
After a personal injury on the job, an injured worker faces multiple expenses, challenges and losses:
- High-cost medical expenses
- Loss of the injured person’s usual income
- Ongoing medical care, therapy and rehabilitation
Workers’ compensation benefits and other sources such as insurance may cover many expenses and losses. Depending on the circumstances, the types of workers’ compensation benefits may include:
- Weekly benefits/temporary total disability weekly wage
- Death and survivor benefits
- Permanent total disability
- Permanent partial disability
- Temporary partial disability
- Medical costs
However, in the case of a very serious or catastrophic injury, an injured worker may need much more support than what is available through workers’ compensation or the workers’ own private insurance. If there is a viable third-party liability case, an injured worker may have the opportunity to pursue a personal injury claim or lawsuit against a negligent party such as:
- A manufacturer
- A subcontractor
- A repair service
- A delivery service
- Any person or organization whose negligence contributed to the accident
Other Types Of Compensation
On top of coping with the injury, the worker may worry about the possibility of losing his or her job. Workers’ compensation laws prohibit a worker from penalizing a worker for filing a workers’ comp claim. However, if the worker is still unable to work after a period of time, there may be questions about the employer’s short-term disability policies, FMLA (Family and Medical Leave Act) policies, private long-term care insurance, health insurance, COBRA and/or Social Security Disability (if the worker is disabled for more than a year after the injury).
Workers’ compensation does not take into account pain and suffering. An injured railroad worker may be compensated for pain and suffering through a FELA lawsuit. In a third-party liability claim, there is a much greater opportunity to recover ample financial compensation that can help an injured worker cope with lasting disabilities after a workplace injury.
Accomplished Attorneys Protecting The Legal Rights Of Injured Workers In Illinois
Injured on the job? Contact our Illinois Workers’ Compensation lawyers to schedule a free initial consultation.