Man drowns in pool, could be work comp case

This is just very sad.  From the Chicago Suntimes:

Swimmer drowns at indoor pool on NW Side

 

January 22, 2010

A man who was in the county on business dove into an indoor swimming pool at an apartment complex on the Northwest Side and apparently drowned Thursday night on the Northwest Side.

At 6:35 p.m. a 911 call after the man -- who was  identified by the Cook County Medical Examiner's Office as 25-year-old Ashish Kumar -- was found at an indoor swimming pool at the Pavilion Apartments, at 5461 N. East River Rd., police said.

 

Pictures from a video camera showed the pool and a man walking out of the area, leaving Kumar by himself. Then Kumar dove into the deep end of the pool which is about 8 feet deep and the video showed him struggling to swim, panicking and then sinking to the bottom of the pool, police said.

 

The man who was there earlier came back and called someone from the building, who called 911. 

Kumar, 25, was was pronounced dead at 7:36 p.m. at Resurrection Medical Center, according to the medical examiner's office.

Police said Kumar was here on business and was staying at a corporate residence at 5441 N. East River Rd., police said.

 

Police said there is not a lifeguard on duty, but warning signs are posted.

 

Police News Affairs Officer Hector Alfaro said police began a death investigation at 6:50 p.m.

 

Foul play is not suspected and Grand Central Area detectives are investigating.

Not to be insensitive, but the purpose of this blog is education.  Since Mr. Kumar was here on business and was doing a reasonably foreseeable activity, his estate would have a workers' compensation claim in Illinois.  At the least like any other death case in Illinois they would have to pay all of his medical bills and $8,000 toward funeral costs.  If he had a wife or children they would get a minimum of $500,000.00 as a death benefit, likely more given his young age.

What happens if someone dies from a work related injury in Illinois?

This question was just raised to us by the co-worker of a young man (22) that died in a job related accident.  This unfortunate young man was not married and had no kids.  He also did not have anyone that was financially dependent upon him.  He is survived by two parents and a sibling.

In this case, because no third party was responsible for the death, the only benefits that are available are payments of his medical bills and payment for his funeral (up to $8,000).  Under Illinois workers' compensation law, when there is a wrongful death on the job, you can't sue your employer for negligence.  If there are dependents or a spouse they will receive death benefits that pay a minimum of $500,000.00.  If no spouse or dependents then there is nothing that we can do for the family.

When we get these calls we look at every possible angle to see if someone can be held responsible so please don't read this post (or any other on the site) and draw a firm conclusion about 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.

What does the death of football player Korey Stringer tell you about what your case is worth?

Seven+ years ago football player Korey Stringer died from heat related problems while practicing with the Minnesota Vikings.  ESPN just reported that the case against the NFL was settled.

While his widow likely received a workers' compensation death benefit, like many of the cases that we deal with, there were also "third party" lawsuits that were filed.  That means that the widow sued alleging negligence against someone other than the employer for causing the death.  We do this all of the time, usually when a client of ours is hurt in a car accident or construction injury that was someone elses fault.  You can't sue your employer for negligence, but the rest of the world is fair game.

What is telling about the Stringer case is that when it was first filed her attorneys asked for $100 million.  Now no one is saying what the case settled for, but it's clear that it wasn't anywhere near that figure.  Mrs. Stringer herself even admitted in the article that the huge demand was to get the attention of the responsible parties and make changes into how they deal with practicing in the heat.

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.

 

The relevance of this for Illinois workers' compensation claims or personal injury lawsuits is that you shouldn't listen to the astronomical numbers that get floated about.  If a lawyer is telling you that your case is worth $100 million you should ask him/her how many cases settled in Illinois over the last five years for even more than $10 million.  The answer is not too many, probably less than 20 and in no case did an individual come even close to $100 million. 

For work injuries, we settled what we believe is the largest workers' compensation claim in Illinois ever and that was for $800,000.00.  That case was extremely unusual and involved a young man who made a lot of money and could no longer work.

So the lesson is to ignore the talk and have an honest conversation about realities.