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.
5 Answers from Attorneys
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
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
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.
Re: Hurt In Company Car Ins/Comp
probably not.
email me if you have any questions.
check out my website
www.michelottilaw.com
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