If you were hurt at work, there is a chance that you may be entitled to workers’ compensation benefits. In some situations, you may also have a personal injury claim against the entity responsible for your damages. Knowing which route to pursue and the best way to protect your legal rights can be overwhelming. Many people who are injured at work are preoccupied with healing their injuries and dealing with the financial impact that comes with it. If you are curious about pursuing workers’ compensation benefits or damages in a Chicago personal injury claim, you can speak with someone at Therman Law Offices about your legal options and how to pursue them.
In a recent case, the Illinois Court of Appeal discussed a situation in which a worker was injured while on the job. The defendant in the case was the injured worker’s employer. The worker was employed by a subsidiary of the employer that provided concrete services. The employer had a workers’ compensation insurance policy that provided coverage for its employees as well as employees of the concrete company. The employer entered into a contract with a property owner to perform construction at the site. The plaintiff hurt this back while working on the construction project. He filed a workers’ compensation claim and received $76,000 to cover his medical bills as well as other expenses.
Then, the plaintiff filed a claim against his employer in civil court seeking additional damages and claiming that the employer was liable for his injuries. The employer filed a motion to dismiss the claim on the basis that it was barred. Illinois law states that a worker’s sole remedy for compensation following an on-the-job injury is to pursue benefits through a workers’ compensation claim. The lower court agreed with the defendant and dismissed the complaint.