Legal Question in Personal Injury in Illinois
time frame to file suite
My knee had to have surgery and the doctor thinks it was not injured on the job but the aggravited by by what I was doing. I may need surgery on the other knee and need to know the time frame to file a suite against the company. Worker;s comp was denied but i was paid 100% of my salary while off, so far.
3 Answers from Attorneys
Re: time frame to file suite
The sooner the better, although you have three years from the accident date or two years from the last payment of compensation. If you would like our help, we help people with work injuries anywhere in Illinois. No charge unless we are successful.
Yours truly,
Michael Helfand
Attorney
www.findgreatlawyers.com
312-
346-
5320.
Re: time frame to file suite
You may have a claim, even if the insurance company has said no. Keep in mind that the insurance company makes money by denying claims. I would need more detail to answer your question. Please contact me immediately, as you may likely have a valid claim, and you don't want to lose your rights.
Re: time frame to file suite
Your question is how long do you have to file a 'suit' against the company.
Assuming you mean the 'company' you work for; and after you have sustained an on-the-job injury - you must file with the Illinois Industrial Commission within three (3) years from the date of accident or within two (2) years from the last payment benefits, whichever is later.
If you have sustained an Occupational Disease or a repetitive trauma injury, the 'date of the accident' is a litigious issue and you should speak with an attorney in person.
If you seek to file a 'lawsuit' for personal injuries - as opposed to a Worker's Compensation claim - the defendant cannot be your employer and you generally have two years from the date of the accident.
Again, special rules can apply. For example, if the defendant is the CTA, a municipal corporation, etc.
For more specific advice you should always contact an attorney for a face to face meeting.
Good luck,
Matt Belcher