Do I Have a Personal Injury or Workers' Compensation Case in Illinois?

January 27th, 2011
Posted By
Stephen Hoffman

PERSONAL INJURY

Who are the parties? What is the statute of limitations?

1. Two years exception for minors and other situations. Basically, you need to know when did it happen, to whom, and by whom.

2. Be careful for shorter limits for specific cases--this is why you need to call a lawyer immediately rather than give it time to work itself out--waiting can kill any case you may have!

3. Insurance

  • Medical Insurance--how will you pay for treatment?
  • Auto Insurance--look to individual AND household members.
    • Other parties (driver, owner, premises)--policy limits
    • Uninsured/Underinsured--you may have more coverage if the other driver has a low limit policy.
    • Med Pay--this could also help pay your bills.

Important Dos and Don'ts

4. DO take photos of autos, premises, injuries!

5. DO NOT give statements!

6. DO NOT plead guilty to any traffic citations without first consulting an attorney!

WORKERS' COMPENSATION

Who are the parties? What is the statute of limitations?

1. Sole and exclusive action of employee (and just because your boss says you are an "independent contractor" does not mean you are necessarily!) against employer generally.

  • Exceptions such as dual capacity, discrimination etc.
  • In other words, if you are injured while at work, most likely your ONLY case is workers' compensation.

2. 3 years from D/A or 2 years after last benefits--whichever is longer. Again, do not sit on your rights--talk to a lawyer immediately so you don't wait too long.

3. Are you receiving Benefits?

  • TTD or Temporary Total Disability (time off work).
  • Medical--choice of "2" providers or their referrals.

4. DO NOT GIVE Statements!

5. DO Take Photos

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