I had a knee injury (meniscus tear) on Feb. 2012. Work. Comp. paid part of my wages and my med. bills were paid. Had surgery.

Asked almost 2 years ago - Marion, IL

I returned to work on Jan. 7, 2013 and had my other knee injured (probable meniscus) on Jan. 11. I am working with many restrictions while awaiting MRI approval. People ask me about a settlement. I know nothing about getting a settlement. Should I pursue and how long is the statute of limitations in Illinois?

Attorney answers (5)

  1. Steven Adam Sigmond

    Contributor Level 13

    7

    Lawyers agree

    Answered . YES, should pursue.

    You have three years to get your workers comp case on file, plenty of time.

    Now that I've answered your questions, let me please answer the one you didn't ask: What should I do next? Get yourself a good workers comp attorney as soon as possible. If you've been off work a year, you may have a significant settlement possible if your case is handled correctly. However, insurance adjusters are not there to be fair to you, and you will not be able to figure out how to get the settlement you deserve by asking a couple of questions. Your next step should be a comprehensive private free consultation with an experienced attorney. I would be happy to discuss this with you further.

    Steven A. Sigmond
    Law Office of Steven A. Sigmond
    345 N. Canal #1208
    Chicago, IL 60606
    (312) 258-8188
    Steve@Siglaw.com

    Steven A. Sigmond offers confidential fee consultations to anyone who has been injured in an accident or hurt at... more
  2. Larry Alan Apfelbaum

    Contributor Level 13

    6

    Lawyers agree

    1

    Answered . WC pays least wages at 2/3 of average weekly gross pay over 52 weeks prior to accident. They also pay 100% of medical charges related to injury and at the conclusion of medical treatment they pay permanent partial disability benefits based on a formula that values your knee/leg at 215 weeks of pay at 60% of average weekly wage. In your case, having surgery and going back to work, you will get a percentage of 215 weeks based on the severity of your injury, nature of the surgery you had and how well you recovered. I am not sure from your questions whether the restrictions are from the first or second accident. Anyways, should you pursue it? The better question is why would you not.

    Im a little worried that they want to settle so quickly, especially when you have a second claim. We usually wait 3-6 month to make sure you can do your job without needing more medical care because settlement closes your medical rights on that claim forever. You can get $$ and keep medical rights open for future related medical care by taking your case to an arbitration hearing where the judge would decide what % disability to award.

    I am also concerned that they maybe trying to settle out both cases because WC rarely wants to keep on open claim after settlement even though they are different knees so be careful.

    The statutue of on WC cases in Illinois is 3 years from accident.

    If you have other questions, feel free to comment or email me. Good luck to you

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should get a lawyer as limit period gets cplex with multiple accidents.


    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
  4. Michael Lebovitz

    Contributor Level 9

    5

    Lawyers agree

    Answered . All of these attorneys are correct and I agree. Do yourself a favor and set up a free consultation as I believe as they do that your case is that important. Sincerely, Michael Lebovitz

    This information should not be construed as legal advice on any subject matter. It is not intended to solicit... more
  5. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Don't go through this alone. If you don't hire an experienced workers compensation attorney to handle these claims for you, it could well be the most expensive mistake that you ever make. The best workers compensation attorneys do not antagonize or rock the boat needlessly. That said, they are and must be tireless advocates for you. It is imperative that you secure the medical care that you need as soon as possible and that there be no delay in your receiving your income so that you can timely pay your obligations. All of this is made more likely by the presence of a capable and experienced workers compensation attorney. Good luck.

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

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