Legal Question in Workers Comp in Illinois
If recovery is made from a third party, is workers compensation entitled to 75 percent of that recovery?
Asked on 10/12/10, 2:23 am
2 Answers from Attorneys
Burton Padove
Indiana and Illinois Lawyer, Burton A. Padove
The answer would depend on how much the recvoery is in relation to the amount of compe benefits you received. Talk to your injury lawyer.
Answered on 10/17/10, 6:31 am
Nima Taradji
Taradji Law Offices
Under the law they are entitled to 100% recovery minus % attorney fees--which usually is given as a discount even if you do not have an attorney in the third party claim. It does not depend on the amount of recovery-- it is u of anything you recover. The idea is that you have already received compensation via the WC indemnity and so you are not entitled to double recovery.
I hope this helps-
Answered on 10/17/10, 9:11 am
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