Carpentersville, IL asked in Car Accidents for Illinois

Q: My daughter was in a car accident while working, can she collect workerscomp for medical or should she go after the per

the person who hit her?

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4 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: It depends on specific facts that are not provided here, such as your daughter's scope of employment, and whether or not she was authorized to be driving as part of her job duties. That said, I recommend organizing everything in your possession related to this matter, and consulting with an attorney individually. Many of us offer free consultations and will represent your daughter on a contingent basis, so it will not cost you or your daughter anything out of pocket to obtain the opinion and representation of an experienced professional who can help ensure your daugther's recovery is maximized.

Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: If she is an employee, your daughter is absolutely entitled to Workers's Compensation benefits which include:

1.) ALL reasonable and necessary medical care

2.) Weekly, non-taxable income

3.) Money to compensate her for her permanent injury

Suing the at-fault driver is called a 3rd-party action. Your daughter ABSOLUTELY CAN bring such an action but whether it makes any sense depends upon the seriousness of her injuries; how much insurance the at-fault driver carries; how much insurance your daughter carries; and how much insurance her employer carries. Your daughter cannot get ANY money from suing the other driver until she pays back the Workers' Compensation carrier for the total of ALL benefits paid or payable (see 1-3, above).

What to do and how to do it is far more complex than you realize. Your daughter needs an attorney who well-experienced in litigating claims before the Workers" Compensation Commission and the Circuit Court.

We all take this work on a contingency fee basis which is to say that you pay nothing unless we recover for you.

Please call us during business hours or have your daughter do so to answer any questions you may have without cost or obligation.

Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: As long as she is an employee, your daughter is ABSOLUTELY eligible for Workers' Compensation benefits which include:

1.) Free medical care from doctors that she chooses

2.) Weekly income to pay her bills

3.) Money to compensate for her injury

Depending on MANY factors, she may also wish to pursue:

1.) The at-fault driver

2.) Her own UIM coverage

3.) Her employer's UIM coverage

Call her attorney to explain or have her call us at 312-465-2914 to discuss her matter with an attorney, without cost or obligation.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: She should contact a member of the Ill. Trial Lawyers Assn who handles comp and car wrecks--they give fre consults.

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