Legal Question in Workers Comp in Illinois
auto accident-company vehicle
My husband was driving a company vehicle and blacked out due to a medical condition, so has no recollection of the accident. It's been four months and he's still going to doctors and having tests for the injuries, as there is still swelling and numbness in some areas.(it was a serious accident) He's receiving workman's comp. Does his employer have to give him his job back when he's released from all doctors? No one from there has been in touch since right after the accident (just the workman's comp insurance company). He's 60 yrs. old and it's a part time job. After reading some of the WC questions, it seems that there's usually a lump sum offered? Is that always the case?
2 Answers from Attorneys
Re: auto accident-company vehicle
It appears from your posting that you are not represented by an attorney. This is a mistake. There are a number of different things that could happen on your husband's case, such as: 1) determined by be permanently disabled; 2) determined to be vocationally retrainable; 3) determined to be a wage differential case rather than a permanency claim. Further, there may be a third party claim, which could result in greater recovery for your husband.
If you have not already done so, hire an attorney competent in the areas of Workers' Compensation and Personal Injury. If you choose not to, proceed at your own risk.
My office would be happy to speak with you.
Re: auto accident-company vehicle
Your husband's case is very specialized and I do recommend you speak to a lawyer.
Generally, the employer does have to give the employee his/her job back once they are able to return to work. However, it depends on the particular companies policies - many have policies that indicate if the employee is off work for six months or more, they are considered to have "voluntarily" resigned their position. Even in such a case, the employer would have to continue paying your husband's TTD benefits until he finds a new job.
With respect to your 2nd question, your husband is entitled to a lump sum settlement offer at the end of his medical treatment. However, he may need continuing medical treatment, in which case the insurance company may not want to make such an offer. Also, if an offer is made, it may be low.
I have handled many such cases like this in the past. I would be happy to discuss this with you further. Feel free to contact me at the information below.
I hope you have a successful outcome either way!
Jason Marker
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