When a contractor was electrocuted and killed at the Clinton Clean Energy Center in November 2025, his family faced a question that confronts many Illinois families after workplace fatalities: Is workers’ compensation their only legal option?
While workers’ compensation provides immediate death benefits, typically capped at $500,000 in Illinois, families may also have the right to file a third-party wrongful death lawsuit when someone other than the direct employer shares responsibility for the death. These third-party claims can recover millions in additional damages that workers’ comp never covers, including pain and suffering, loss of companionship, and the full value of lost earnings.
For Chicago families who have lost a loved one in a workplace accident, understanding the difference between these two legal pathways is critical to securing the full compensation your family needs. To discuss your case and learn more about your rights, contact our work accident lawyers at Lloyd Miller Law Group. Call 773-838-8100 for a free initial consultation.
Table of Contents
The Clinton Nuclear Plant Incident: A Contractor’s Death
The worker, believed to be in his late twenties, died from electrocution while working on an electrical transformer at the Clinton facility in DeWitt County. He was employed by a contractor, not directly by Constellation Energy Corporation, the plant owner.
This employment structure is critical from a legal standpoint. When contractors work at facilities owned by separate companies, multiple entities may bear responsibility for maintaining safe working conditions. The contractor’s death may open the door to third-party liability claims beyond standard workers’ compensation: claims against equipment manufacturers, facility owners, or other contractors whose negligence contributed to the fatal accident.
Workers’ Compensation Death Benefits: Limited but Guaranteed
Illinois workers’ compensation provides death benefits regardless of who caused the accident. Families receive funeral and burial expenses up to $8,000, plus ongoing death benefits calculated as two-thirds of the deceased worker’s average weekly wage.
These benefits continue for 25 years or until reaching $500,000, whichever provides greater compensation. Surviving spouses and dependent children under 18 are the primary beneficiaries.
However, workers’ compensation excludes several categories of damages. You cannot recover for pain and suffering, loss of companionship, emotional distress, or the deceased’s full future earning potential. For a family in Chicago whose primary earner made $75,000 annually, workers’ comp’s $500,000 maximum may represent only a fraction of what the deceased would have earned over their working life, let alone the immeasurable value of their guidance, companionship, and presence in the family.
Third-Party Wrongful Death Claims: Pursuing Full Compensation
The critical legal distinction: while Illinois law generally prevents you from suing your loved one’s direct employer for wrongful death, you can file a lawsuit against any third party whose negligence contributed to the death.
In workplace electrocution cases like the Clinton incident, potential third-party defendants include:
- Equipment manufacturers if the transformer or related electrical equipment was defectively designed or manufactured
- Separate contractors responsible for maintaining electrical systems
- The facility owner if they failed to maintain safe premises
- Safety equipment suppliers who provided inadequate protective gear
Third-party lawsuits operate completely independently of workers’ compensation. You can receive workers’ comp benefits while simultaneously pursuing a wrongful death claim against responsible third parties. These are separate legal remedies addressing different aspects of your loss.
Recoverable Damages in Illinois Wrongful Death Cases
The Illinois Wrongful Death Act allows families to pursue compensation that reflects the true magnitude of their loss. Recoverable damages include:
Economic Damages:
- Full value of lost future earnings over the deceased’s expected working life
- Loss of benefits, including health insurance and retirement contributions
- Loss of household services the deceased provided
Non-Economic Damages:
- Loss of companionship
- Loss of guidance, particularly for surviving children
- Grief and mental suffering
- Loss of consortium for surviving spouses
Unlike workers’ compensation’s fixed formulas and caps, wrongful death damages are calculated based on the circumstances of each family’s loss. In Chicago, where living costs and earning potential are substantial, successful wrongful death claims can recover millions of dollars, far exceeding workers’ compensation limits.
Consider a 35-year-old trades person earning $80,000 annually. Over a 30-year working life, lost earnings alone exceed $2.4 million before accounting for raises, benefits, or non-economic damages. Workers’ compensation’s $500,000 cap leaves more than $1.9 million unrecovered, money the family needs.
Who Can File a Wrongful Death Lawsuit in Illinois?
Under Illinois law, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This representative is either named in the deceased’s will or appointed by the probate court.
Damages are distributed to the deceased’s surviving spouse and next of kin, which includes:
- Surviving spouse
- Children, including adopted children
- Parents, including adoptive parents
- Siblings and other relatives who were financially dependent on the deceased
The court allocates damages based on each beneficiary’s relationship to the deceased and their level of financial and emotional dependency. A surviving spouse with young children typically receives a larger share than adult siblings, reflecting their greater dependence on the deceased’s income and companionship.
Understanding Workers’ Compensation Liens
When you receive workers’ compensation death benefits and later recover damages from a third-party lawsuit, the workers’ compensation insurance carrier has a legal right to reimbursement. This is called subrogation.
The workers’ comp carrier can place a lien on your third-party settlement or verdict to recover the benefits they paid. However, this lien is negotiable. Experienced attorneys can often reduce it substantially by arguing:
- Attorney fees and litigation costs should reduce the lien proportionally
- The workers’ comp carrier shouldn’t recover more than their fair share when multiple parties share fault
- Illinois law protects a portion of the recovery for the family
Proper lien negotiation can save families tens or even hundreds of thousands of dollars. Without skilled legal representation, families may unnecessarily pay back the full workers’ compensation amount, dramatically reducing their net recovery from the third-party claim.
Pursuing Justice After Workplace Tragedy
The electrocution death at the Clinton Clean Energy Center underscores why workplace safety matters and why comprehensive legal remedies exist when safety fails. Workers’ compensation provides immediate financial support, but it was never designed to fully compensate families for losing a spouse, parent, or child.
The attorneys at Lloyd Miller Law Group understand the life-changing impact of workplace fatalities. Contact us today for a free consultation at 773-838-8100.
