If you are on the job and involved in a motor vehicle accident that was someone else’s fault, you could have two separate causes of action. In both Illinois and Missouri, you would be entitled to medical treatment, lost time benefits, and a final settlement under your Worker’s Compensation claim. These benefits would be paid in full regardless of whether a third-party case exists.
Additionally, you would have a possible third-party claim against the driver who was at fault. This case would proceed in circuit court against the at-fault driver’s insurance company. This cause of action would request damages in the form of medical bills, lost time benefits, bodily damages, and pain and suffering.
But Can You Have Double the Claims?
However, there exists an interaction between the two causes of action. Your damages for each cause of action will be very similar. As a result, a portion of the proceeds received from the at-fault driver will need to be paid back to the workers’ compensation carrier. The portion of reimbursement varies by State as well as by the amounts recovered in the third-party case.
Contact JSK Today
Due to the complexity of bringing both claims, it is recommended that you seek an experienced attorney who understands the interplay between the two causes of action. At the Law Office of Jerome Salmi & Kopis, LLC, our skilled attorneys can advise you of the law and how it applies to your workers’ compensation case and third party case to help you claim the full benefits you are entitlted. Call us today at (618) 726-2222 or fill out our online form to schedule a free consultation and to learn more.
