Can I Be Compensated For Pain And Suffering In An Illinois Workers’ Compensation Claim?

After filing an Illinois workers’ compensation claim, you can recover several benefits. If you have suffered an injury while at work and are considering filing an Illinois workers’ compensation claim, you may have many questions about the potential benefits you can recover. For example, you might be wondering whether you can recover compensation for pain and suffering in your workers’ compensation claim.

So, can you recover compensation for pain and suffering in an Illinois workers’ compensation claim? Usually, in Illinois, an employee is not entitled to recover benefits for pain and suffering in a workers’ compensation claim. After suffering a work-related injury in Illinois, in exchange for a state-enforced guarantee that your lost income and medical bills will be recouped, you give up your right to sue your employer and collect benefits for pain and suffering. However, you may have an option for recovering compensation for your pain and suffering if a third party is liable for your injury.

Defining Pain and Suffering

“Pain and suffering” is a term that is used to describe the physical and emotional discomfort a person experiences after an accident because of their injuries. Examples of emotions a person can experience due to their injuries include anger, frustration, depression, and humiliation. Unfortunately, the pain and suffering that a person experiences after suffering an injury in an accident can be more debilitating than the injury itself. That is why it is crucial for you to understand what option you have for recovering compensation for pain and suffering after suffering an injury while on the job.

Common Benefits for Injured Employees Under the Illinois Workers’ Compensation System

As you already know, you can recover several benefits after filing an Illinois workers’ compensation claim. Some of the commonly awarded benefits in Illinois workers’ compensation claims include;

• Payment for reasonable medical bills
• Temporary total disability payments
• Permanent partial disability benefits

Depending on your case’s specifics, you may also be able to recover payments for vocational training, maintenance benefits, and wage differential benefits.

What Option Do You Have for Recovering Compensation for Pain and Suffering After Suffering an Injury While on the Job?

In Illinois, you can recover compensation for non-economic damages such as pain and suffering through a personal injury claim. Suppose a third party, such as a contractor, is to blame for your work-related injury. In that case, you may be able to bring a personal injury claim against them and recover compensation for your pain and suffering. On top of recovering compensation for your pain and suffering, if you file an Illinois personal injury claim, you can recover compensation for, among others, the following damages;

• Past medical expenses
• Lost earning capacity
• Future medical expenses
• Loss of enjoyment of life

Can I File a Workers’ Compensation Claim and a Personal Injury Claim at the Same Time?

Yes, you can. In Illinois, filing a workers’ compensation claim does not prevent you from filing a personal injury claim against a third party for the same accident.

Contact Our Chicago Workers’ Compensation and Personal Injury Lawyers

Our skilled and dedicated Chicago workers’ compensation lawyers at Connolly Injury Law are here for you. To reach us, call (312)780-0816 or fill out our online contact form.

Source:

law.cornell.edu/wex/pain_and_suffering#:~:text=Pain%20and%20suffering%20refers%20to,trauma%20that%20accompanies%20an%20injury