Legal Question in Personal Injury in Illinois

Worker's Compensation PLUS Personal Injury

In 06/04, while at my employer's Chicago office, I slipped on a rug and fell down a full flight of stairs, with my head going through the wall at the bottom. I sustained extensive damage to my right shoulder, damage to my right knee, and a large extradural hematoma (and concussion) that resulted in a scar on my forehead (the apex of the extensive seroma necrosed). I have had no out-of-pocket expenses at all, aside from travel, and all medical treatment has been approved and paid by the WC carrier (including surgery, PT, followup visits, and some psychotherapy for PTSD). I have also received wage restitution and have been told that I will receive a settlement of about $20K upon my release from care. However, I have needed a great deal of (as yet unpaid)help from my landlady, and it is becoming apparent that it will be quite some time, if ever, before I can successfully live alone, as I have physical limitations that prevent me from doing some household and personal chores. Is it possible for me to sue the property insurance carrier or must I request a higher settlement (and how much?) from the WC carrier to cover this extra help? In other words, does WC preclude a personal injury suit? And should I seek representation in IL or WI?


Asked on 10/11/04, 11:18 pm

1 Answer from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: Worker's Compensation PLUS Personal Injury

I highly recommend that you consult with an experienced Wisconsin worker's compensation lawyer. Please email me directly at [email protected] if you would like a referral.

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Answered on 10/12/04, 11:37 am


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