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  1. #1

    Default On the Job Car Accident Injury

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

    I'll try to be as concise as possible:

    Fiance was a rear seat passenger in a work vehicle. Supervisor was driving on interstate. Supervisor lost control of vehicle and got into a 1-car accident (Jan 20th). Fiance was not seriously hurt but was clearly shaken up and tossed around in the back quite a bit.

    Next day, she was still having discomfort so she went to the ER per the suggestion of the on-scene paramedic. Doctor put her on rest until Jan 27th and excused her from work activity. Fiance missed 5 days scheduled work and ER bill was approx. $2000. Fiance filled a WC claim for the lost wages and ER visit. The company's insurance called her today and asked her a bunch of questions, some a bit odd and not related to the accident.

    Q1: Should she have consulted an injury lawyer first?

    Q2: She is still quite a bit shaken up by the accident. She really wants to resign because she is now being treated very differently by her boss and co-workers (almost "shunned") at work after the WC claim. Will resigning affect her claim in progress?

    She didn't cause the accident and is not looking to sue her employer at this time. She just wants the wages she lost because of the accident and the company to take care of the ER bill.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: What to Expect

    1. Probably not necessary yet.

    2. Resigning (or be fired, in fact) would not affect her Work Comp claim. However, it would very likely result in a denial of unemployment benefits.

  3. #3

    Default Re: What to Expect

    UPDATE

    She was part-time @ minimum wage. They paid her $50 total for 5 scheduled days work and she keeps getting a hospital bill for her visit to the ER day after accident. Any comments?

    Also, she has resigned that position and taken a new job. I just don't feel she was correctly compensated for the lost wages. $50 is what she would make in a day with them. She is only looking for what is fair.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What to Expect

    In terms of the $50, who is "they"? The worker's comp insurer or her employer?

    When she called the insurance company to ask why the hospital bill has not yet been paid, what did they tell her? When she reminded the hospital's billing department that this is a worker's comp case and gave them her WC adjuster's name and number, what did they tell her?

  5. #5

    Default Re: What to Expect

    "They" would be her employer's insurance company. The only contact she has for the medical bill issue is the HR Dept. of her former job. No other information was provided.

    The HR Dept. has told her not to worry that it will be taken care of. So far, she has received 2 notices for past due payment.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What to Expect

    In Illinois, TTD benefits (total temporary disability wage loss benefits) are not paid for the first three days of missed work unless the injured worker is unable to return for 14 or more days.

    Benefits are paid based upon 2/3 of the worker's average weekly wage. So if the worker's average weekly wage for the period leading up to the injury, for part-time work, is $187, the benefit per day would be about $25, or $50 for two missed days. The benefit is not based upon the hours she was scheduled to work that week, but is based upon her average earnings per week during the period leading up to the injury.

  7. #7

    Default Re: What to Expect

    @Mr.Knowitall

    Makes perfect sense. I forgot about the 3-day grace. Well... she is moving on to a different job. Now we are looking into the ER visit because the hospital billing spends no time putting the bill over to collections and she wants to avoid that. She'll call the HR contact tomorrow and see if she can clear up the bill.

    Thank you for your attention.

    T-

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