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

Waukegan, IL |

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?

Attorney Answers 5


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.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

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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

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Workers comp is the remedy.

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

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Exclusive remedy is workers compensation

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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