Yes, the monetary recovery (damages) to any injured worker in a Third Party case is usually considerably greater than a Workers’ Compensation settlement or award of the Illinois Industrial Commission.
Unlike a Workers’ Compensation claim which is a claim filed with the Illinois Industrial Commission, a Third Party case is a lawsuit filed in the Circuit or Federal courts. As opposed to a Workers’ Compensation claim, a Third Party case generally has no limitations on the amount of recovery an injured person can receive. A judge or jury in determining damages in a Third Party case, may consider the worker’s pain and suffering, future loss of earnings, inability to perform non-work activities and the amount of medical expenses. Lastly, Third Party cases frequently involve multiple defendants which increases the potential for considerably higher recoveries of damages.