Answers To Personal Injury And Workers’ Compensation FAQS
What is the time deadline to file a personal injury claim in the State of Illinois?
ANSWER: The time deadline to file a lawsuit is called the Statute of Limitations. The Statute of Limitations for a personal injury claim in the State of Illinois is two (2) years from the date of the accident. Therefore, an injured party has two years from the date of the accident to file a lawsuit in Circuit Court. If the lawsuit is not filed within two (2) years from the date of the accident, any claim for damages is barred. However, the Statute of Limitations cannot expire on a minor, except the Statute of Repose can expire on a minor in a medical malpractice claim. Consult our office for further details.
What is the time deadline to file a Workers’ Compensation claim in the State of Illinois?
ANSWER: The time deadline to file a Workers’ Compensation is also called the Statute of Limitations. The Statute of Limitations to file a Workers’ Compensation claim in the State of Illinois is three (3) years from the date of the accident or two (2) years from the date the injured employee last received Workers’ Compensation benefits, whichever is later. The Statute of Limitations on a “repetitive trauma” claim can be various dates. Consult our office for further details.
I was injured at work. What, if any, Workers’ Compensation benefits should I receive?
ANSWER: Generally, there are three types of Workers’ Compensation benefits. The benefits are as follows: (1) the employer, through its Worker’s Compensation insurer, is responsible to pay, in full, the injured employee’s medical bills; (2) the injured employee is entitled to receive 66-2/3% of their gross weekly wage, while that employee is temporary totally disabled; and (3) there is a permanency benefit for “permanent” injuries involving ongoing symptoms. Consult our office for further details.
How much does the attorney charge in a personal injury and Workers’ Compensation claim?
ANSWER: In personal injury and Workers’ Compensation claims, the attorney’s fee is usually based upon a contingent fee. A contingent fee agreement is an alternative to an hourly attorney’s fee agreement. Under a contingent fee agreement, there is no attorney’s fee charged, if the injured person does not secure a recovery. The well accepted contingent fee in a personal injury claim is 33-1/3% of any recovery. In an Illinois Workers’ Compensation claim, the attorney’s fee is set by the State of Illinois at 20% of the injured employee’s recovery. Consult our office for further details.
Do I need to hire an attorney, if I have a personal injury or Worker’s Compensation claim?
ANSWER: Insurance companies are in the business of handling injury claims. An injured person, without a lawyer, is at a major disadvantage against an insurance company. An unrepresented individual does not have the knowledge or expertise to pursue a claim against an insurance company or its attorney. By hiring an attorney, the injured person “levels the playing field”. A represented injured person will gain insight into his or her claim which will enable that injured person to make informed decisions based upon the strengths or weaknesses of the claim, the options available etc. This will ensure the best results. With an understanding of the issues, the injured person will have the information to make the best decisions for his or her particular situation. Consult an attorney for further details.
In a personal injury claim such as an automobile accident claim or a Worker’s Compensation claim, should I provide the insurance company with a recorded statement?
ANSWER: No. It is not advisable to give the opposing insurance company a recorded statement. Often, answers on a tape recorded statement can be interpreted in different ways. Also, sometimes answers do not provide all of the details in response to a question. Insurance companies tend to look for certain answers. Once that information is provided to the insurance company by the injured person, the insurance company may not be interested in the remaining portion of the answer, a clarification, or further details. In Illinois, an injured person is not required to provide the opposing insurance company with a recorded statement. Consult our office for further details.