The Difference Between Workers’ Comp and Third-Party Claims

 Posted on July 15, 2025 in Personal Injury

If you have been injured while on the job, you may have different ways to get compensation, usually through either workers’ compensation or a third-party claim. Though both involve getting payment for your injuries, these two claims are vastly different. However, they are not mutually exclusive – meaning, you may be able to use them both. To ensure that you are getting the most out of your injury claim, consider working with an Illinois workers’ compensation attorney who also understands personal injury claims.

At Rathbun, Cservenyak & Kozol LLC, we have the resources and skills to help you investigate a workers’ comp claim and/or a third-party claim. In our firm’s history, we have secured millions in successful verdicts for our clients – a testament to our highly effective strategies. 

Do I Have to Prove Who Was at Fault in My Claim?

Fault and negligence are a major point of difference between workers’ compensation and third-party claims. Workers’ compensation functions more like a safety net for employees and you can file a claim regardless of who was at fault, including yourself (although you could be denied workers’ comp if an investigation reveals that you were drunk or high at the time of the injury). On the other hand, third-party claims require you to accuse somebody else of wrongdoing. 

To elaborate on this concept, you do not need to show that your employer caused your injury in a workers’ compensation claim. Instead, you only need to prove that the injury was work-related. By contrast, you must present evidence to prove that another party caused your injuries in a third-party claim.

When Can I File a Workers’ Comp Claim?

As stated previously, a workers’ compensation claim can only be filed for work-related injuries. Many workers’ comp cases involve accidents in heavy manual labor jobs, like injuries caused by heavy machinery. You can also petition for workers’ compensation for repetitive stress injuries or illnesses caused by your job. Note that in Illinois, you generally cannot get workers’ comp for injuries you suffer while commuting to and from your job.

Workers’ compensation has rules about monetary awards. In a workers’ comp claim, you can get a replacement for your wages (up to a certain amount) based on a temporary or permanent disability, as well as payment for your medical expenses, but it stops there.

What Compensation Can I Get From a Third-Party Claim?

If you were injured by someone other than your employer, or you were injured on your way to work, you could file a third-party claim instead. A third-party claim can cover different costs from your injury, such as lost wages, medical expenses, and property damage. It can even cover non-tangible costs like pain and suffering, which are not easily quantified, and punitive damages may be available in extreme cases.

At Rathbun, Cservenyak & Kozol LLC, we can help you petition for a full payout based on your injuries.

Contact a DuPage County, IL Workers’ Comp Attorney

If you have been seriously hurt at your place of employment, you should consider all avenues of compensation. Our Naperville, IL workplace injury lawyers can help. Contact Rathbun, Cservenyak & Kozol LLC at 815-730-1977 to set up a free consultation today.