Old settlement, new injury...
What happens when you’ve already settled your case for your work injury, but then you reinjure the same body part at work? We were asked this question from a worker who was injured eight years ago, received a settlement, and now has had a second injury. Is there a case for the new injury?
The simple answer is yes, you still have a case regardless of a prior settlement. However if you injure the same body part twice, the details of your two injuries can affect what you may get in the second settlement.
For example, a factory worker in Wheeling injures his left leg lifting boxes. He receives a settlement for the percentage of loss of the use of his leg. A few years later, he injures his left knee in a similar accident. He can get a second settlement for the knee injury, but a credit to the insurance company will be taken out of the settlement. The insurer will get a credit based on the amount the worker originally got.
So even if the second injury is to a different part of the leg, the fact that the worker already got a settlement for the loss to that leg is taken into account and deducted from the benefit for the second injury. Even though the second injury was to a different part of his leg, there is still a credit for the insurance company.
There would be a different result, though, if the first leg injury was much more severe, or the body part that was injured was a neck, back, or head. In cases like that where the settlement was for the loss of the person as a whole, then there is no deduction when determining the amount to cover the second injury.
Also, if the second injury was to a different body part than the first, then the insurance company would also not get any credit for the first settlement.
A settlement for an old injury does not prevent a new settlement for a similar injury, but there may be an adjustment made to the final tally.
Have I confused you? If so feel free to contact me and I’ll talk to you in confidence.
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.
