Legal Question in Personal Injury in Illinois
My wife was injured in 2005. Julie was on duty for Phillips Flowers. Her team was taking down holiday decorations at R. Kelly's home in Matteson, Illinois. When a male co-worker was removing a tie-down from a wreath above the fireplace mantel, the co-worker was knocked off of the fireplace mantel in mid-air fell on top of my wife knocking her to the ground on a hard wood floor.
She was unconcious at first. When she awoke she could not move her left arm as it was in a lot of pain. At the ER she learned her rotor cup was damaged, She had the surgery. Phillips Flowers never agreed to a settlement for her. They did cover all of the hospital bills under workman's comp.
Recently, (2009) Julie has experienced severe back pain and pain in her right shoulder and arm. She has been diagnosed with 2 ruptured disks, one in her lower back one in her neck. I believe that these disks were injured from the accident while on duty for Phillips Flowers in 2005.
Is there anything legally that can be done to hold Phillips Flowers accountable for Julie's back problems? Phillips never gave a settlement to Julie.
2 Answers from Attorneys
You may have a statute of limitations problem. In Illinois, you have 3 years from the date of injury to file a claim with the Illinois Worker's Compensation Commission. Failure to do so, could result in being barred from bringing a claim.
Nonetheless, contact a workers compensation attorney immediately.