I injured my lower back at work in July 2011 because of negligence from my manager . No loss of work time.

Workman's comp collected $6,000 for me. I no longer work for this employer as of March 2013. Could I still file a civil case for permanent damages to my back?

Waukegan, IL -

Attorney Answers (5)

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Personal Injury Lawyer - Chicago, IL
Answered

No.

Your sole remedy in Illinois for a work injury is workers' compensation, negligence is not a relevant factor.

With that said, you still have time to file, in that you have 3 years from date of injury. The question will be what this "$6K workman's comp collected" is. If this was a lump sum permanency settlement under workers' compensation, then you settled your case and you are done.

Is it a settlement? Did you sign pink contracts? If so, your case is over under workers' comp and you have no other options.

Talk to an experienced workers' comp lawyer and one of us should be able to set you straight on your rights.

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
Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Personal Injury Lawyer - Chicago, IL
Answered

No. Workers' Compensation is an exclusive remedy. I don't know what you mean when you say that workers compensation collected $6000 for you. If you are saying that you settle your case and signed pink papers in exchange for $6000, your case is over and cannot be reopened. If you did not settle your case, contact any one of us in this forum for a much more detailed answer as to what we can do for you.

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Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

Workers comp is the remedy.

Louis Joseph Meyer

Louis Joseph Meyer

Personal Injury Lawyer - Chicago, IL
Answered

I agree with the above counsel. Work comp is your remedy.

Michael R Crosner

Michael R Crosner

Personal Injury Lawyer - Northridge, CA
Answered

Exclusive remedy is workers compensation

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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