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  1. #1
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    Jan 2011
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    Default Can You Get Pain and Suffering in a Worker's Comp Settlement

    My question involves workers compensation law for the state of: IL

    I was involved in an accident on the clock at work, at another company. An employee from a different company used a fork lift and knocked a large object off of a semi truck which knocked me off and resulted in an injury. Loss of 4 teeth, and reconstruction needed on 4-5 others. Along with 10 stitches on my chin. The other companies story was different leading to around a 10k settlement, which im entitled 33 1/3%. There is no pain and suffering or anything being pursued and the recovery took a little over a year. Is this fair? Or is the Attorney just trying to end the case already? (Firm usually deals with multimillion dollar suits)

  2. #2
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    No, you cannot get pain and suffering in a workers comp case in IL.

  3. #3
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    Just a quick question, would this be considered a workers comp case? I may have posted in the wrong forum. It is a class action law suit against the company where the injury took place. It's me, my attorney, and my companies workers comp. The workers comp provider isn't doing anything, my attorney was doing all the work. I wasn't really filled in on the entire process.

  4. #4
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    Who besides you is in the class?

  5. #5
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    My companies workers comp provider, Chartis. They are just tagging along to get their money back.

  6. #6
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    That doesn't sound like a class action suit. Are you sure about that?

    In any case, if you have an attorney, you should be asking him for an explanation.

  7. #7
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    That is not a class action. Not even close. It is merely a case with more than a couple of parties.
    Multiparty cases are NOT class actions.

    If it was NOT workers comp, then any attorney with half a brain would have included counts for pain and suffereing and other things. So obviously it was worker's comp. You don't get pain and suffering.

    For the injury you described, you would simply not be able to establish enough pain and suffering to justify an independent civil action. It would be a waste of time and money for any attorney.

    Sorry, no big payday for you.

  8. #8
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    It sounds like your lawyer pursued a tort claim against the person who hit you and that person's employer - not a class action case. And as worker's comp paid for your medical care relating to the accident they asserted a lien against any eventual settlement or verdict. And, because the "he said, she said" / "they said, you said" thing didn't work out to well, with their story (true or not) providing them with a pretty solid defense to your case, the agreed settlement - which would include any claim for 'pain and suffering' - was $10,000, from which your lawyer receives a fee. If you want to know for certain, ask your lawyer.

  9. #9
    Join Date
    Jan 2011
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    Mr. Knowitall, I think you nailed it dead on. That seems like what is going on with everything. The 10,000 is all for medical bills, which workers comp is entitled to, but agreed to take 33 1/3%. On top of the lawyers fee 33 1/3%, leaves me with roughly 3,500.

    Its just hard to believe such a small amount would be awarded for all the damage caused.

  10. #10
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    Default Re: Can You Get Pain and Suffering in a Worker's Comp Settlement

    Quote Quoting cj630
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    , leaves me with roughly 3,500.
    well, since this is above and beyond expenses, it was either for lost wages if there was a loss the WC didn't pay or pain and suffering. Did you lose time that was not recovered through WC payments?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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