This is an issue that came up recently when I was talking to the representative of a pro athlete. But it also comes up a ton with truck drivers and anyone else that works in a different state than Illinois. Sometimes you can get two work comp settlements for one injury.
Under Illinois workers’ compensation law, only the Illinois Workers’ Compensation Commission can end your right to receive further work injury benefits under Illinois law. In other words, if you sign an agreement with your employer that if you get hurt on the job, the case has to be heard in a certain state, you can still bring the case in Illinois if you were hurt here.
For example, Major League Soccer (MLS) has a union agreement that says their cases are supposed to be brought in New York. A lot of truck drivers and traveling nurses sign contracts that state any work injuries claims have to be brought in the state where the company is based.
No matter what has been agreed to, if you are hurt in Illinois, you can bring an Illinois workers’ compensation case here. And the only way to lose that right is to wait until the statute of limitations passes or take a settlement in Illinois that is approved by the Illinois Workers’ Compensation Commission. And this is true even if you take a settlement in another state.
How To Get An Illinois Workers’ Compensation Settlement In Illinois When You Settled Your Case In Another State
Because you can only lose your Illinois work comp rights by settling your case here or blowing the statute of limitations, even if you take a settlement in another state, you can also get a settlement in Illinois. This is important because quite often cases in Illinois are worth a lot more than they are in another state.
When this happens, the insurance company gets a credit for what they paid you in the other state. In other words, let’s say that you have a serious injury that would be worth $150,000 in Illinois if it was settled here. Because you didn’t know your rights (or whatever reason) you took a settlement in another state for $25,000. When we settle your case here, it will be for $125,000 in “new money” because the insurance company will get a credit.
In other words: $150,000 Illinois settlement minus $25,000 credit for other state settlement = $125,000 in new money.
This can of course be life altering money and actually compensate you fairly for how the injury has impacted your life.
The time limit to bring a case in Illinois is three years from the accident date or two years from the last payment of compensation related to the case, whichever is later. If you took a settlement out of state it most likely means that you have two years from the date the check was written to bring a case although it’s arguable it’s two years from the date it was cashed.
And while the insurance company might not be happy about this, the law is the law. In my experience when these cases get filed, their immediate reaction is to try and argue that you can’t do this. They will even show us language in the other settlement contract that says something like, “This settlement ends all rights in any state related to this work injury claim.” But they know that doesn’t matter and eventually they will roll over. And if not an Illinois work comp attorney will get an Arbitrator to make them pay you.
If you have any questions about how this works or want to talk with a lawyer for free, please contact us any time at 312-346-5578.
