Truck drivers sometimes have lots of options
We get tons of calls from truck drivers. Some were injured in Illinois, but otherwise have never been to Illinois. Others have their terminal out of Illinois in places like Decatur, Chicago and Rockford, but work out of state. Still others came to Illinois for their pre-employment physical and training, but haven't been here since.
If hurt on the job, all of those people would be eligible to pursue an Illinois workers' compensation claim. They potentially would also have the ability to file a case in other states depending on where they were hurt, where their terminal is located and the laws of each state.
We are only Illinois attorneys so we can't give you advice about other states. That said, we know many work injury attorneys throughout the country and everyone we've talked to has made it clear to us that the best benefits for injured workers are in Illinois.
Sometimes the insurance company will tell you that they are processing the benefits through one state. They don't get to make that decision, you do. Sometimes they do it because they don't know any better. Often insurance companies do it because they know the case is worth less money in a state like Indiana, Tennessee or Texas than it would be in Illinois. Many states have smaller limits as to what you can recover (we are told that the maximum for a Kansas case is $125,000.00) and they also sometimes give the insurance company control over your medical care.
Remember that if you want to bring your case in Illinois, as long as you were hurt here, hired here or have your employment principally based out of here you can bring an Illinois workers compensation claim. Even if you settled your case through another state you may still be able to file your case in Illinois, even if your settlement agreement in the other state says that you can't bring any other cases. Only the Illinois Workers' Compensation Commission can close out your case.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
