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Should I pursue a personal injury or workers' comp claim?

When someone in Illinois is injured through no fault of their own, there are various ways they can hold the wrongdoer responsible for causing the injury. However, it is important to know which avenue to pursue depending on the location at which the injury took place and the events that led up to the injury.

If someone is injured in an accident involving a car, truck, or motorcycle, they often end up pursuing a personal injury lawsuit. Fault has to be established in such cases-this means it has to be shown that the person who caused the accident was actually legally at fault. Once fault is established, it might be possible to recover compensation for lost wages, pain and suffering and medical expenses.

An injury in the workplace, whether the workplace is an industrial worksite or an office space, does not result in a personal injury lawsuit against the employer. This is because once an employer provides workers compensation benefits for their employee, they typically end up protecting themselves from personal injury lawsuits brought by employees. This tradeoff is also beneficial for the injured employee, as he or she does not have to prove fault to receive compensation. What they do need to establish is that the injury occurred during the course of one's employment. This no-fault system does not apply when the workplace injury is caused by a third-party's actions however. That means if a co-worker is responsible for the injuries, a personal injury lawsuit could be pursued against them.

A personal injury lawsuit goes through the court system, whereas a workers' compensation claim goes through an administrative process. Either way, it might be helpful to have an experienced professional by one's side who can assess the evidence and advocate for the accident victim.

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