It may seem like an unusual question but there are limited circumstances under the Illinois Workers’ Compensation law when you may have the possibility for multiple settlements.
For instance, if you are injured in Indiana but were hired out of Illinois then you will have opportunity to file a workers’ compensation claim in Indiana or Illinois.
Assuming that you file your claim in Indiana and settle your claim in Indiana, then you may also file in Illinois to recover additional benefits.
The insurance company will have the right to an offset for the Indiana claim, however you do have the right to additional benefits pursuant to Illinois law.
An example is that a client came into my office who hired an Indiana lawyer and settled his case, but his Indiana lawyer did not tell him that he could get Illinois benefits. If he would have not contacted us to discuss another matter he would have left a large sum of money on the table.
This is because Indiana benefits are very low.
Illinois benefits are some of the highest in the country.
This means that if there is any way you can file benefits in Illinois you should do so.
We were able to get the appropriate benefits for our client because we understood the law.
However, the most straight forward approach would have been to file in Illinois first and get all the benefits allowed under the law. This would have avoided prolonged proceedings for the injured worker and insured that he was properly protected.
Questions about your Workers’ Compensation injury? Feel free to contact Illinois Work Comp lawyer Dirk May at 309-827-4371.