How does workers comp settlement lien effects on personal injury case. Is there any statue of limitations.

Asked about 1 year ago - Chicago, IL

What if my personal injury case is related to a earlier workers compensation case. Will the workers compensation can have lien on my personal injury settlement. Or is there a statue of limitation how long it can have lien on personal injury case. Can a witness to a case can be presented at anytime of the lawsuit of is there a certain about of time given to add witness to the case. For example: If I thought i wouldn't need a witness because my case was plain and straight forward. But now it seems like its getting out of my hand and I have witness who are willing to testify under oath. Thank you.

Attorney answers (8)

  1. Chen Kasher

    Contributor Level 15

    11

    Lawyers agree

    Answered . As a general rule, you cannot recover twice for the same injury. The WC carrier will put a lien on any recovery you have against a third party.

    The main difference between WC and PI is your burden to prove negligence, and cases against third parties can be uphill. Make an appointment to speak with lawyer if this is worth doing.

    Chenkasher@gmail.com
    773 853 3062
    Chenkasherlaw.vpweb.com

    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client... more
  2. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Workers' comp has a lien on the PI case period. While the insurance carriersy file suit, it does not have to.

    All amounts paid for TTD, medical, and permanency are entitled to be paid back, albeit on a percentage basis.

    If you have a lawyer handling your PI case, he or she will negotiate the comp lien.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  3. Robert H. Hanaford

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . Under the Workers' Compensation Act the employer has a lien. The act provides that the employer may have or claim a lien upon any award, judgment or fund out of which such employee might be compensated from the liable third party. If the employee does not file a lawsuit prior to 3 months before the statute of limitations runs, the employer is subrogated to the rights of the employee and may file suit against any persons whom the employee could have sued. 820 ILCS 305/5(b).

    The reimbursement received by the employer is reduced by 25% to compensate the employee's attorney. In addition, the employer must pay its pro rata portion of the litigation expenses.

  4. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . There is rarely such a thing as a "plain and straightforward" case. Don't assume it is.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Robert laid it out well

  6. Mario C. Palermo

    Contributor Level 9

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It sounds like your question may touch on an interesting topic. Specifically, if you have a preexisting condition caused by a workers comp injury that is aggravated by a new injury. If this is indeed your situation, there should not be a comp lien.

    The timing of disclosing witnesses is usually set by the Court. If the disclosure deadline has passed, you will have to ask the court to allow disclosure of additional witnesses.

    It sounds like you need an attorney who specializes in PI law. Good luck!

    Mario Palermo
    Woodruff Johnson & Palermo
    4234 Meridian Pkwy
    Oswego, IL
    630-585-2320

  7. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Illinois law provides that you cannot collect ANY money from the 3rd-party suit unless your recovery exceeds the total of TTD + Medical bills + Permanency (settlement) that the insurance company paid on the Workers' Compensation Claim.

    You NEED an attorney on BOTH claims.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  8. David J Mintz

    Pro

    Contributor Level 7

    2

    Lawyers agree

    Answered . The work comp carrier can file a lien against the third party settlement (PI Claim) for specific portions of the claim, such as medical bills paid and lost wages paid to the injured worker. There are also some areas which the work comp carrier cannot file a lien against the third party claim, such as pain and suffering.

    I really suggest contact an attorney in Illinois as Workers Compensation laws are different in each state, and this does not seem to be a simple matter.

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