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

Asked over 1 year ago - 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)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    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
  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    4

    Lawyers agree

    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.

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

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Workers comp is the remedy.

  4. Louis Joseph Meyer

    Pro

    Contributor Level 14

    3

    Lawyers agree

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

  5. Michael R Crosner

    Contributor Level 20

    3

    Lawyers agree

    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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,272 answers this week

3,209 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,272 answers this week

3,209 attorneys answering