Legal Question in Workers Comp in Illinois
injured at work
last july i broke my foot while doing some landscaping at work. I broke it by steeping off the curb, unfortunatally i stepped were there was a broken part and fell. I have had to have two surguries so far and the doctor told me I would only get 80 to 90 % usage back and that the pain should go away in a couple months. I've been out of physical therepy for two and half months and am still having pain and difficulty. What are my options?
6 Answers from Attorneys
Re: injured at work
Dear Sirs:
Your options are to file a workmen's compensation case in which you can recover medical expenses, two-third (2/3rd) of your lost wages, and a lump sum settlement based on the nature and extent of your injury, as well as other benefits under the Illinois Workmen's Compensation Act.
Please do not hesitate to call should you wish to discuss.
Many thanks,
John C. Wunsch
Re: injured at work
You are entitled to benefits under the Illinois Workers' Compensation Act. Feel free to contact my office at 312--357--1431, if you would like to discuss this.
Re: injured at work
You seem to have a good worker's compensation case. Also,you might have a third party case here where you can sue for pain and suffering (which is not available under a worker's compensation claim alone)in addition to the worker's comp case. Please contact my office to fully discuss your rights and options.
Thanks,
Mike Favia
Re: injured at work
Your options include both a worker's compensation claim and a claim
against the entity that owns and/or
maintains the broken curbing.
Under worker's comp you should
have all your medical expenses paid
and you should receive proper medical attention for your foot with either
your original physician or
one of your choosing.
Worker's compensation is designed to
provide you with partial reimbursement
of your wage loss, all medical expenses and a lump sum award for the permanency
of your injuries.
A claim against the owner/maintainer
of the broken curbing would allow you
to seek damages for pain and suffering, and disability in addition to wage loss
and medical expenses.
Please consider contacting me for a free consultation.
Re: injured at work
You best option is to speak with an attorney ASAP. If you are still hurting, there are no reasons why you should not continue treatment until you reach a maximum medical improvement. Only an attorney can help you fight the insurance company who simply wants to pay less and so they have doctors clear half treated patients back to work.
You may also have a claim against the party who was responsible for the broken curb.
Your best bet is to talk with an attorney in person and see what options you have.
I hope this helps,
Taradji Law Offices
Re: injured at work
QUESTION:
last july i broke my foot while doing some landscaping at work. I broke it by steeping off the curb, unfortunatally i stepped were there was a broken part and fell. I have had to have two surguries so far and the doctor told me I would only get 80 to 90 % usage back and that the pain should go away in a couple months. I've been out of physical therepy for two and half months and am still having pain and difficulty. What are my options?
ANSWER:
You have a few options:
In general, you have 3 (three) years to file a worker's compensation claim and 2 (two years) to file a third-party case against a negligent party.
Assuming you notified your employer of your injury, your first option is to handle the case alone.
If everything is going smoothly that may be acceptable, as long as you are diligent in learning what rights you have in the claim.
However, workers compensation can become complicated, your needs may change or the insurance company may start to infringe upon your rights.
If problems start to arise you may need to seek out an attorney.
Please remember that lawyers in my office only charge a percentage of the "disputed" benefits and a percentage of your "lump sum settlement", and the percentage charged is only 20% (twenty percent).
As such, in workers' compensation cases lawyers tend to be worth the expense - but you should take your time and talk to a few different lawyers to see who fits your needs the best.
With regard to a possible third-party case.
If a third party caused your injury, you have a right to file a lawsuit against them. That would definitely require an attorney because you would be dealing with complex pleading requirements and discovery tactics.
Regardless, if you need more information, please do not hesitate to ask.
Good Luck,
Matt Belcher