Legal Question in Personal Injury in Illinois

Re: wrongful death glidden paint co.

QUESTION:

in the 1930's my grandfather, edwin seaburg) was killed in a glidden paint factory explosion in chicago leaving behind a wife and 2 kids (1 still living, my mother) he wasnt an actual employee but a friend was and let him work for him that day because he was needing the money to feed his kids. because of that, glidden never compensated his widow and she was left on her own to support her 2 children. my question is- is it still possible to receive compensation for a case that is this old? thank you.

ANSWER:

No.

Section 6(d) of the Workers' Compensation Act - 820 ILCS 305/6(d)- provides that you have three years from the date of the Accident or two years from the date of the last payment of compensation - which is later - to file a Workers' Compensation Case.

If the accident was due to third party liability, you would have two years to file a lawsuit against the negligent party.

As your Grandfather died as a result of the accident, I cannot see any possibility that the claim could be viable after 75+ years.

Sorry,

Matt Belcher

Re: wrongful death glidden paint co.

I read Mr. Belcher's response and he has accuarately stated current law.

However, the law in effect at the time if your grandfather's death would probably be the law that governs this claim. You need to find out what law was in effect on the date of your grandfather's death. I am not familiar with the history of the Illinois Workers Compensation Act. Perhaps it did not even exist then or had no statute of limitations. Not likely, but I would not rule it out. Good Luck