Workplace injuries often involve two separate claims running at the same time, and injured workers frequently pursue only one of them.
Workers' compensation
Illinois workers' compensation is a no-fault system. You do not have to prove your employer did anything wrong. It pays medical treatment, a portion of lost wages, and permanency benefits, but it does not pay for pain and suffering. In most cases you cannot sue your employer directly.
Third-party claims
If someone other than your employer contributed to the injury, you may also have a personal injury claim that does include pain and suffering. Common examples include a negligent driver who hits you while you are working, a general contractor or subcontractor on a construction site, a defective tool or machine, or a property owner who failed to maintain safe conditions.
Protect both claims
- Report the injury to your employer in writing as soon as possible
- Get medical care and describe exactly how the injury happened
- Photograph the equipment, site conditions, and any hazards
- Identify every company that was present at the site
- Do not sign settlement documents without understanding their effect on the other claim
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This article is general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each case.