Personal Injury Law Blog on Lawyers.com

The differences between a Chicago worker compensation case and a personal injury claim

Thursday, March 12, 2009 by

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In a typical personal injury case or a third-party common-law case; there are three elements that you need to prove as a plaintiff in order to win your case and recover.

 1.  You have to prove that there’s a duty that was owed to you.
 2.  You have to prove that the party you’re bringing the claim against breached that duty.
3. Lastly, you have to prove that there is a causal connection between the breach of that duty and the damages that you sustained and the injuries you are complaining of.

 Once those elements are established you have to prove the nature and extent of your damages or the dollar amounts to which you are entitled.

 In Chicago Workers Comp law you have to prove the injuries were sustained in the course and scope of your employment.  Once that’s established you have to show that there is some permanent injury that was sustained and fit the extent of that injury into the statutorily established patterns for recovery. The legislature has a schedule that’s established for the entire human body and each body part is assigned a maximum value of so many weeks of compensation. For instance, you know, when you’re dealing with a hand, 100% loss of industrial use of a hand is considered to be worth 205 weeks of compensation. 100% of a leg would be 215 weeks of compensation.  And anything less than 100% loss of use of that body part, you negotiate for the percentage of loss of use.
 
Contact us for a Chicago worker compensation attorney

Howard & Nemoy 

111 W. Washington, Suite 1023, 
Chicago, IL 60602   
Call 877-274-2953

chicago worker compensation attorneys

 
Posted at 13:33 PM
Topic: Personal Injury
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