Legal Question in Workers Comp in Illinois

Hurt In Company Car Ins/Comp

My husband was in a accident while serving civil papers. A truck hit him in the back. He has 2 herniated disc in in neck and one in his back. He now has knee pain. Will he be able to recieve anything other than workerscomp from his employer? I know he has a personal claim with the person that hit him. Not sure about the company car he was driving.


Asked on 12/03/07, 5:34 pm

5 Answers from Attorneys

Matt Belcher Belcher Law Office

Re: Hurt In Company Car Ins/Comp

Your husband has two claims.

The workers compensation claim will pay him immediately as he loses his paychecks and will pay his medical bills - including authorizing procedures in advance.

He also has a claim against the negligent driver. That claim ultimately will pay more money but will be paid at the end of the claim, not as it accrues.

The negligence claim will pay more because the workers compensation claim reimburses you for lost wages, medical bills and perm. injury. Whereas, the negligence claim will pay all of those but will also compensate you for your "pain and suffering" and "loss of normal life" present, past and future.

It is straight-forward but a little too complicated to cover all of the details in an online response.

If you have more questions, let me know.

Matt Belcher

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Answered on 12/03/07, 6:00 pm
Nima Taradji Taradji Law Offices

Re: Hurt In Company Car Ins/Comp

You only have the two claims you referred to. One is the worker's comp and the other a third party claim against the driver that hit your husband. That is all.

Because the worker's compensation claim is a no-fault claim, you cannot go after the employer for this accident--regardless if he was driving a company car.

I hope third helps-- If you need more information contact me and I will try my best to provide you with the help you need.

Taradji Law Offices

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Answered on 12/03/07, 6:45 pm
Scott A. Blumenshine Blumenshine Law Group

Re: Hurt In Company Car Ins/Comp

From his employer, your husband

can only receive workers compensation

benefits. If he had disability

coverage through his employer

he may be able to get benefits

there.

From the other driver's insurer,

he can recover for losses he would

not be able to get from workers

compensation.

He may be able to recover for

pain and suffering,and loss of

normal life.

Please consider calling me

for a free, no obligation

consultation.

Certain time limitations

and procedural rules apply

to both claims.

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Answered on 12/03/07, 11:00 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Hurt In Company Car Ins/Comp

probably not.

email me if you have any questions.

[email protected]

check out my website

www.michelottilaw.com

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Answered on 12/03/07, 11:20 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Hurt In Company Car Ins/Comp

Dear Sirs:

Your husband has both a workmen's compensation case as well as a third party liablity case against the owner of the car, thd driver of the car, and the employer of the driver of the car.

We have successfully handled many such cases in the twenty-five years our firm has been in existence.

Please call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

By: John C. Wunsch

[email protected]

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Answered on 12/04/07, 9:06 am


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