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!
Woodruff Johnson & Palermo
4234 Meridian Pkwy
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.
773 853 3062
This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.
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
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.
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.
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 consultation with me, please contact me through AVVO.
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.
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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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