Legal Question in Workers Comp in Illinois

Broke hip at work

I fell on the ice at work Jan 2007. Because of my age they did not do a hip replacment but inserted 3 screws and gave me a 50/50 chance of it working. I was released in Nov 07. Was non weight bearing for 5 mos and partial weight bearing until July 07. I still have frequent pain and am limited to walking very far. Should they not offer me a settlement on this? They did pay my medical bills. The dr told me upon releasing me that the ball of my hip could still die within the next 6 mos to 2 yrs. Shouldn't they compensate me for any additional surgery I may need such as a hip replacement? My husband says I should contact the inurance company.


Asked on 12/26/07, 10:46 pm

7 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Broke hip at work

Your husband is incorrect. You should consultwith a worker's compensation attrney without further delay. If you do have an attorney, you may call me and I will b happy to refer you to one of the very best. Please do not go through this without an attorney representing you.

Read more
Answered on 12/27/07, 11:35 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Broke hip at work

You may have both Workers comp claim and a negligence claim. You need a lawyer.

email [email protected]

web www.michelottilaw.com

blog blog.michelottilaw.com

Read more
Answered on 12/28/07, 12:17 am
Matt Belcher Belcher Law Office

Re: Broke hip at work

The short answer is yes, they should offer you a settlement.

However, the amount of the settlement depends on many factors; including your type of job, your restrictions, your pay rate now and before the accident and your age.

Regarding the rest of your question - I always try to answer each on-line question as completely as is possible but I think that you may need to speak with an attorney in person (or at least over the phone) to discuss this situation as it is complicated.

One thing you need to consider is that if you settle your case without planning for future medical bills and expenses the potential for disaster exists.

Imagine if you need the hip replacement and you are off work for 6 months.

Who will pay you for your lost wages during that time and what happens if your health insurance denies payment for the surgery, and rehab, because it is "work related"?

This is one of several concerns that I have regarding your situation.

Please feel free to contact me at my office during business hours (my cell phone number is on the voice-mail for calls after normal business hours or on weekends).

I would also recommend calling a few other lawyers to get their perspective on the situation.

If you have any specific questions you can feel free to email me.

Matt Belcher

Read more
Answered on 12/26/07, 11:41 pm
Scott A. Blumenshine Blumenshine Law Group

Re: Broke hip at work

You should contact the insurance

company, but you should

consider obtaining some legal

advise first.

Your main concern seems to be compensation

for future medical treatment, and you

should be concerned. You should not

settle your claim until

you know your likely future medical issues related to your injury.

Please consider contacting me for

a free, no obligation consultation.

Scott Blumenshine

Read more
Answered on 12/27/07, 9:11 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Broke hip at work

Dear Sirs:

You may have a workmen's compensation case for your injuries if it can be shown you were working at the time of the fall.

There may also be a premise liability case.

Please call to discuss. Many thanks,

Law Offices

John C. Wunsch, P.C.

[email protected]

Read more
Answered on 12/27/07, 11:22 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Broke hip at work

Dear Sirs:

You may have a workmen's compensation case for your injuries if it can be shown you were working at the time of the fall.

There may also be a premise liability case.

Please call to discuss. Many thanks,

Law Offices

John C. Wunsch, P.C.

[email protected]

Read more
Answered on 12/27/07, 11:22 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Broke hip at work

Dear Sirs:

You may have a workmen's compensation case for your injuries if it can be shown you were working at the time of the fall.

There may also be a premise liability case.

Please call to discuss. Many thanks,

Law Offices

John C. Wunsch, P.C.

[email protected]

Read more
Answered on 12/27/07, 11:22 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois