Yes — in Illinois, it’s possible to pursue both a workers’ compensation claim and a personal injury claim for the same injury, depending on how the accident occurred. While these claims serve different legal purposes, they can overlap in cases where someone outside your workplace contributed to your injury.
Understanding the Difference Between the Two
Workers’ compensation is a no-fault system. That means you don’t have to prove negligence — only that you were injured while doing your job. It typically covers medical expenses, partial wage replacement, and disability benefits. You can receive these benefits even if the accident was your fault.
On the other hand, a personal injury claim is based on fault. You’ll need to show that someone else — usually a third party who’s not your employer or co-worker — was responsible for causing your injury. These claims can offer broader compensation, including full lost wages, pain and suffering, and long-term medical care.
A Common Scenario
Imagine you were injured in a car accident while making deliveries for work. You would likely have a workers’ compensation claim through your employer. But if the crash was caused by another driver, you could also have a personal injury claim against that person. In this case, workers’ comp helps cover immediate needs, while the personal injury claim can pursue fuller compensation from the at-fault party.
We Know How to Handle Both — So You Don’t Have To
At The Illinois Hammer, we’re experienced in both workers’ comp and personal injury law. We know how to identify when both types of claims apply, preserve your eligibility, and negotiate lien reductions where possible — so you walk away with the compensation you deserve.
If you were injured on the job and someone outside your workplace may be to blame, contact us for a free consultation. We’ll explain your options clearly and make sure no opportunity for recovery is left on the table.
