Can you file workers’ comp and personal injury?
Workers' Compensation - December 8, 2025 by Horwitz, Horwitz & Associates
Can you file workers’ comp and personal injury claims to make up your losses? Depending on the situation, you may file both claims simultaneously to recover a broader range of losses in your specific case. When you hire Chicago personal injury attorneys from Horwitz, Horwitz & Associates, they can help you determine your options and how to proceed.
Workers’ compensation in Illinois: its benefits and its limitations
Illinois employers are required to provide employees with workers’ compensation insurance in the event they are injured on the job. Injured workers can file a workers’ compensation claim to recover the cost of their medical care, lost wages, and disability benefits, which are the primary types of workers’ compensation benefits. This model allows them to secure the resources they need so they can return to work as soon as possible.
Recovery is often limited in these cases because workers’ compensation operates on a no-fault system. This means that employees can receive compensation without having to show that their employer or coworker is at fault. In exchange for employers compensating injured workers, workers are generally prohibited from suing their employer or coworkers for negligence.
Understanding personal injury claims
When someone other than your employer or coworker causes your injuries, you may choose to file a third-party claim instead. These parties may include negligent property owners, drivers, contractors/subcontractors, and manufacturers of products or tools. If applicable, this type of claim can provide you with an additional compensation path for your workplace injuries.
Filing a personal injury lawsuit allows you to recover more damages than you are allowed through the workers’ comp insurance company. In addition to your medical bills and lost income, you may recover compensation for your physical and mental pain and suffering as well. However, before a settlement is disbursed in a personal injury case, you must establish the responsible party’s negligence.
When you are allowed to file both workers’ comp and personal injury claims in Chicago
You can file both a workers’ comp claim and a personal injury claim when you have been injured by an outside party while you were on the job. For example, if a negligent driver hits you while making deliveries for work, or you are hurt by defective equipment, then you could sue the driver or the equipment manufacturer while also pursuing workers’ compensation. By filing a workers’ compensation claim in Illinois, you can receive swift assistance with your medical expenses and decreased income, while also recovering additional damages through a personal injury lawsuit.
Challenges may arise when filing both types of claims in Chicago
Challenges can arise in a workers’ compensation case when the injured worker tries to pursue both claims. Individuals are not allowed to recover double compensation for their losses, so workers’ comp insurance companies may subrogate your claim. This means that if they pay out money for your medical expenses, they can place a lien on your personal injury settlement to recover their money through your third-party claim, according to workers’ compensation law 820 ILCS 305/5(b).
Subrogation can affect the final value of your settlement. If you choose to file both claims, legal representation is essential to make sure you walk away with as much as possible. An attorney can help you figure out which claim gives you the best shot at full recovery. If you pursue both claims, they’ll also fight to reduce the insurance company’s cut. You’ve earned every dollar, and you shouldn’t lose it to technicalities. They will also negotiate with both your employer and the opposition to get maximum results. Every case is different, so consulting with a lawyer will give you the most accurate picture of your situation.
How long do you have to file workers’ comp and personal injury claims in Chicago
If you want to receive compensation to cover your losses, there are certain time limits you must adhere to so you are not barred from taking legal action. If you are filing a claim under workers’ comp insurance, you generally have 3 years to file a claim from the time you were hurt or discovered your injury. If you are filing a third-party claim, you have 2 years from the time of the accident to act, according to 735 ILCS 5/13-202. The sooner you begin filing a claim, the stronger your case may be.
Consult Horwitz, Horwitz & Associates about your case today
Horwitz, Horwitz & Associates can help you navigate the intricacies of filing a personal injury lawsuit alongside your workers’ comp insurance. We fight for you so you can recover as many of your losses as possible after suffering a work injury. To discuss your options with our team, you can take advantage of our free consultations. You can reach out to us online or call our offices at (800) 985-1819 to schedule an appointment.
