Legal Question in Workers Comp in Illinois

Re: Litigation

As to your first question, you cannot sue your employer in negligence for a work related injury. But, if your injury is cause by a third party while you are working, you can sue the third party for its negligence at the same time you pursue your Workers' Comp claim against your employer. However, the Work Comp carrier is entitled to get all the money back that it spends on you from any recovery in the negligence case.

For your second question, I have no way of evaluating your case on the information you provide. Few attorneys will do that for you even with all the facts at hand. You are asking for help in settling your own case so that a lawyer does not make a fee. I wouldn't do that. But if you want further help with your case, you may call me. I'd be happy to review all the facts with you and determine if you have a case that is worth getting into. Of course, you have to decide if you want a lawyer's help. The fees are only 20% of any monies collected. That's a very modest percentage in the legal business. But you should not try to evaluate your claim by yourself - you don't possess the knowledge or the skills to do so. The insurance company knows the rules of the game and you don't. When all is said and done an attorney's fee in a WC case is well worth the money spent.

Feel free to call me at 1-877-CompJoe (266-7563)toll free or visit my web site at www.compjoe.com. Joe Spingola