Legal Question in Workers Comp in Illinois
Traveling for a mandatory meeting
I have a complex question.
My role for my company was sales. Travel was required for the job.
I was required to travel to the kitchen location of a catering company for a mandatory meeting at a specific time. Normally I had the choice to work remotely. In this case, my manager said this was a mandatory meeting at her location. The purpose of the meeting, unknown to me, was that they fired me, without cause.
The location is 30 miles from my home office and sales territory.
On the way home, I was rear-ended by another vehicle and I have a head and whiplash injury as a result.
Is this a fair workers compensation case to claim?
2 Answers from Attorneys
Re: Traveling for a mandatory meeting
If you are indeed a "traveling salesman" employee and you were "traveling" at the time of the accident, then you are entitled to workers compensation benefits AND you have a negligence case against the other driver.
The workers compensation benefits are paid from your employer's insurance, as they are incurred - if you miss 2 weeks of work, then you get paid those two weeks as they occur. Likewise the medical bills are paid when they are due.
The negligence case is filed against the other driver's insurance and they are paid at the end of the claim.
You cannot collect for the same "damage" twice - thus, the benefits received by you in the workers compensation case will be offset by the negligence settlement.
For example, if you collect $2,000 in lost wages from comp then you must repay that $2,000 to the comp carrier when you collect the damages from the car insurance (minus a share of attorneys fees).
It is simpler to explain over the phone than via online forums, so call if you have any questions.
Good luck,
Matt Belcher
Re: Traveling for a mandatory meeting
It might be. We'd have additional questions for you. If you want our help please call us at (800)
517-
1614.
Yours truly,
Michael Helfand
Attorney at Law
www.findgreatlawyers.com
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