Legal Question in Workers Comp in Illinois
Civil/Work Comp
I was injured on the job. I have 2 cases pending. I have a civil case against my insurance company and I have a work comp case. I have been through the deposition and I am waiting for an arbitration on the civil. I have not signed any papers with a lawyer regarding my work comp case. Today I recieved on offer from work comp to settle on my work comp case. If I settled with my work comp before my civil, will I lose money? Should I wait to settle with work comp? Is the money offered in the letter the actual amount I would recieve? Does the work comp have a lein on only the medical bills they paid out. My main question is if my work comp is offering a nice settlement, then why would I waste my time with a work comp lawyer? They would get me a little more money and they will get 20%. I am just unsure who to trust.
2 Answers from Attorneys
Re: Civil/Work Comp
The rule of thumb is that if you are happy with the money they offer then that's that. You do not know whether an attorney will be able to get you a much better deal or a deal only a little better. That depends on the attorney, the facts of your case, the adjuster, your doctors, the extent of your injuries etc... But again, if you are happy with the money they offer you, then you are happy. And if you are happy and accept the settlement, you will never know whether things would have been better with an attorney--but again, if you are happy, then you are happy and so the thought of what would have happened if you had a lawyer versus if you do not get one is a useless exercise in futility!
If you do not have a contract for your WC claim with any attorney including the one taking care of your civil case, then you do not owe anyone anything.
Generally, the money they offer you in the WC case is what you get--However,ask the adjuster the break down and make sure you have something in writing showing what you will walk out with after all is said and done.
The WC will have a lien on your civil case for the FULL amount they have paid--that is the money they have paid for your wage loss, your medical treatment, any incidentals and any money they have given you as part of the settlement. They are entitled to receive 100% of it back from any settlement you make in the civil case.
I hope this helps-
Good luck-
Taradji Law Offices
Re: Civil/Work Comp
Wow...you need some help. Comp may have a lien for various aspects of you settlement on the Civil claim.
However, on any civil claim you have to prove negligence. If you can't or you are found to be over 50% negligent then you will receive nothing on the claim.
Why are you in arbitration? Is the claim less than $30,000.00 or is there some other issue?
You really need to maximize the amount you get from comp, because that may be all you receive.
check out my website - www.michelottilaw.com
email me if you have any questions - [email protected]
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