Legal Question in Workers Comp in Illinois
2 injuries- 1 settlement?
My co-worker injured her left shoulder and wrist at work 18 months ago. After surgery and therapy, she returned to her job, never receiving any settlement from comp. Now, several months later,her right arm has nerve damage,totally different injury, but also work related. Now the complicated part. The first injury was under our employer's original comp ins. carrier, and the second injury is under our employer's 'new' comp ins. carrier(they changed ins.carriers) The first comp ins. rep told her that any settlement for her first injury to the left shoulder,arm & wrist,and settlement for the 2nd injury-nerve damage right arm, would be lumped into 1 settlement since she was employed by the same company at the time of both injuries.Is this how that usually works?Doesn't sound right to me! We live and work in IL.
thanks for any help
3 Answers from Attorneys
Re: 2 injuries- 1 settlement?
You (or your co-worker) can't help it that the employer changed insurance companies. That simply means that you must prove the injury or injuries came from one, or two, accidents. If it is all from one accident, one insurance company will pay the full amount that is agreed to, or which is awarded after a trial. If there are two distinct accidents, as you say, there can be two seperate settlements or two seperate trial decisions. However, the two cases may very well be joined (merged, consolidated) for the purpose of one trial or one settlement. I'm sure that neither insurance company will offer much on one case until both cases can be resolved together. That is just the nature of the insurance companies. I hope that answers your question. You, or your co-worker, will probably need an attorney's help to pursue the process. It is hard enough to negotiate with one insurance company, let alone two. I would be glad to talk with your co-worker. Please feel free to call me at my toll free number at 877-CompJoe (266-7563)for more help.
Re: 2 injuries- 1 settlement?
You are right, since you described two separate incidents. Please consider contacting an attorney to help guide you through this process. You may contact my office at 312-357-1431 for a free consultation.
Re: 2 injuries- 1 settlement?
She could recieve it all in one lump sum, if the insurance carrier wants to dispose of both cases at once, but each injury, if distinct and on separate dates, requires payment of a separate amount. In other words, she needs to make sure that that each injury recieves fair compensation before settling. Given that the limitations periods are relatively short, she should get her claims filed immediately, if she has not already done so. Many folks begin negotiation with an insurance company and don't reach a settlement, only to realize that the time has expired for them to file a claim or lawsuit and they are without a remedy.
Our toll free number is on our website, farrislaw.net, should she need further information. Call without cost or obligation.
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