Learn When on the Job Injuries May Not Be Covered by Workers’ Compensation

 Posted on March 09, 2017 in Workers' Compensation

If you have been injured at work, you may think your only option is to pursue a Workers’ comp claim. While this may be true in many cases, it is not true in all cases.

In some circumstances, an accident victim may get adequate recovery through workers’ comp. However, other accident victims can receive more compensation under a theory of general negligence, which is sometimes called a personal injury action.

Workers’ Comp

Workers’ comp is a system that was set up as a compromise between worker and employer. If a worker is injured during the course and scope of employment, the employer is liable for medical treatment of bodily injury and a portion of lost wages.

To receive these benefits, an employee does not have to prove fault on the part of the employer, and it may even be obvious that the employee was partially to blame for the accident. However, under no circumstance in a workers’ comp case will an employee be compensated for pain and suffering.

The Negligence Legal Theory

In general, most accidents that occur outside the workplace fall under the legal theory of negligence. In car accidents and slip and falls, an injured person must prove that the party he or she is suing acted negligently and that the accident and injuries stem from that negligence.

The central issue in establishing negligence is whether the party acted reasonably. If an accident victim can prove negligence on the part of the defendant, the victim will be awarded medical bills, lost wages, and pain and suffering. Pain and suffering can be a substantial sum, depending on the accident.

How to Determine Which Type of Case You Have

The facts of the case will often dictate how your case will proceed. However, if your case involves obvious negligence on the part of another and does not clearly fall within the bounds of workers’ comp, you may wish to pursue a theory of general negligence so that you can receive damages for pain and suffering.

One common example of a claim that may occur at work, but not fall within the scope of workers’ comp, is hazardous conditions that are caused by an entity other than your direct employer. This frequently occurs at construction sites. In this circumstance, you may be able to file a negligence suit.

On the other hand, if you were partially at fault, it may be wise to assert that your claim falls within workers’ comp so that you can have your medical bills and some lost wages paid.

Contact a Skilled Wheaton, IL Workers’ Compensation Lawyer

The DuPage County workers’ comp attorney at the Law Offices of David W. Clark, P.C. accepts workers’ comp cases as well as general personal injury claims. This means we are uniquely suited to help clients who have been injured on the job where more than one party may be to blame. Contact our firm at 630-665-5678 for a free consultation.

Source:

http://www.iwcc.il.gov/handbook.pdf