Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    rob Guest

    Default Can You Sue Your Employer For Negligence

    i was in an accident where i was unloading a truck with a forklift. Truck rooled away from dock and lift came down on me and now i have neck and back damage. Are company policy is to supply tire chocks for trucks so they don't roll away in case of brake failure. None were provided. Tire chocks were put in store after accident along with memo stating they are to be used. Can i sue employer for not providing chocks for me to use? I live in california.I do have a third party lawsuit going on against truck company. Any help would be appreaited.

  2. #2
    anonymous Guest


    No civil suit against employer in those circumstances. But in addition to regular workers compensation benefits you could file for additional benefits(+ 1/2 comp) due to employer's "Serious and Willfull Misconduct."

  3. #3
    eric Guest


    You might want to check with a lawyer about not being able to sue employer,because you can't sue for negligence but that is like the last poster said serious and willfull misconduct. I also thank they may have broken a osha law by not having chalks available. see a attorney. Good luck.

  4. #4
    maryann Guest


    I do believe that an employer can be responsible due to blatantly not providing the safety equipment you needed to do your job safely. Check with your lawyer.

  5. #5 Guest


    Workers' comp. is generally a bar (prevention/exclusion) to suing one's employer. In this case I think it will prevent a suit against the employer. But, having said that, if the truck belonged to someone other than your employer you may have a cause of action against them.... Safely parked trucks should NOT move.... Contact a lawyer in your area & sit down and meet with them and discuss the facts of the case.GoodLuck.

  6. #6
    sysco Guest


    any one have info on being able to find out what kind of settlements amounts i would like to find out what kind of a settlement i would be be entitled to.i guess im just looking to do a little research but i would not know where to start here in illinois

  7. #7
    pat Guest


    The formula for computing permanent disability payments is contained in the Illinois work comp law. The home page of this site has it.

  8. #8
    pat Guest


    The formula for computing permanent disability payments is contained in the Illinois work comp law. The home page of this site has it.

  9. #9
    tina Guest


    SYSCO, alot of factors go into a settlement amount besides the impairment rating. There is future medical to consider. Did your WC ins. company act in a "bad faith" manner? There may be fees, fines and penalties to be assesed against the insurance comapny that generally are paid to the claimant. Are there any back wages due? Mileage reimbursements? Have all medical bills actually been paid? Be careful not to get stuck with any unpaid bills after the settlement. I'm no expert in this area and my best advice is still to contact an attorney in your area who specializes in WC. They are the experts and will know all of your rights when it comes to making a settlement. The attorney will know if you are even ready for a settlement, you may not be, but comp will tell you otherwise. Don't count on that "nice" adjuster to inform you of all your rights either.

  10. #10 Guest


    First of all, ILLINOIS does NOT use the AMA guidelines when determining the value of a workers' comp. case. In ILLINOIS, we use Case Law for values. This means we as attorneys, look at prior Industrial Commission decisions for similar injuries to determine the value of cases. The more variables that your case has in common with reported cases the easier it is to put a dollar value on your case. As to formulas contained with in the Workers' comp. Act, they a only set out maximum amounts for various parts of the body. There are numerous variables that we as attys. in ILLINOIS use to determine values, such as.... length of time off of work, nature of the treatment & care, the assigned Arbitrator, the county which the matter was filed in, the nature of the job, the client's ability to return to the same or similar type of work, whether the employer is self insured or not & if the carrier is a local carrier or not, just to name a few. Also, values in ILLINOIS case values (as in many states) are dependent on the average weekly wages earned. The same injury to a McDonald's worker will result in much less than the same injury to an Airplane pilot. So you really need to consult an expert. It has been my experience that workers' compensation carriers receive incorrect information when calculating wages and rates. Incorrect information results in wrong amounts being paid in benefits & settlement. My suggestion is that you contact a local attorney (or obviously ME-someone liscenced in ILLINOIS), because what you do or accept at this juncture may adversely affect you the rest of your life. Good Luck

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