Legal Question in Workers Comp in Illinois
Hurt at work...can I be entitled to a personal injury claim as well?
A chair collapsed where I work throwing me to the floor causing neck & back injuries. The attorney I went to see after the IME said I had reached maximum medical improvement led me to believe I had a personal injury case because of the chair. He said he'd petition the workers comp people so he could get the chair & have it examined. After a short time, I received a letter stating that the personal injury case was not feasible, but he'd continue working on the workers comp claim. I personally don't feel he had enough time to contact the people to get the chair & have it examined & that he's mainly interested in the workers comp case as they're not as complicated.
Do I have a personal injury case either against the manufacturer, the distributor, or my employer?
3 Answers from Attorneys
Re: Hurt at work...can I be entitled to a personal injury claim as well?
You don't have a personal injury case against your employer. That is what workman�s compensation claim is for.
You may or you may not have a third party claim against the chair manufacturer or the distributor. It depends on why the chair broke. Some expert must give you an opinion to the effect that the "chair broke because it was either 1) improperly designed and/or 2) improperly manufactured and/or 3) improperly packaged for distribution. Without having seen the chair, and knowing the exact circumstances under which the chair broke it is impossible to give you any the more information as I just have.
Good Luck!
Nima Taradji
Re: Hurt at work...can I be entitled to a personal injury claim as well?
To answer your question, I have to ask you a basic one- what caused the chair to collapse?
If the chair was assembled, maintained or set up improperly by your co worker, Workers' Compensation is your only remedy.
HOWEVER- if the chair collapsed because of a defect in material or manufacturing, then you would have a claim against the manufacturer and perhaps the seller.
The next question- is that claim worth pursuing? This depends on your injury. Product liability claims, or claims for defective products, are very expensive to pursue. They require expert review and testimony if you are to be successful in court, and these experts cost money. Lots of it.
If your injury is not permanent, or if surgery and quick recovery after are the extent of your injuries, a jury would be hard pressed to make an award large enough to cover the expense of such a lawsuit, let alone paying you for damages.
If you have further input or questions, you may contact me directly, without cost or obligation. One note about your lawyer though. The main complaint folks have about their attorneys is that the attorney does not communicate. I encourage you to contact the lawyer and let him or her know your concerns before you decide to get another lawyer. Hopefully, you will find common ground, saving you time and money.
How
Re: Hurt at work...can I be entitled to a personal injury claim as well?
You don't give enough facts to tell you if you have a PI case or not. Just because the chair collapsed doesn't mean that you have a case. I would trust the first lawyer's opinion. It seems he did what he should to give you an opinion, even if it is not the opinion you wanted. You can always seek the opinion of another attorney.
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