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Mediated settlement includes waiver of workers’ compensation

| Apr 10, 2020 | Workers' Compensation

In some cases, injured workers have grounds to pursue damage recovery through the civil justice system. One such case in Illinois, due to go to trial in June, was recently concluded when the injured worker accepted a mediated settlement of $1.2 million. A $750,000 workers’ compensation lien held by the injured worker’s direct employer was waived as a part of the process.

The case arose as the result of severe injuries suffered by an employee of a contractor during a renovation project in the elevator lobby of a Chicago building. Reportedly, one of three wall panels of tiles weighing 300 pounds became detached and fell onto the worker’s shoulders and neck. The construction worker’s injuries reportedly included herniation of two cervical discs, a torn rotator cuff and a torn left knee meniscus.

According to court documents, the plaintiff underwent several surgical procedures since the accident, which happened in 2014. However, despite these procedures, he had not been able to return to work. The plaintiff named three defendants in the case in which he claimed the general contractor’s negligence included providing an unsafe work environment, inadequate supervision and the failure to warn workers about the hazards of the project.

Injured workers are typically eligible for workers’ compensation benefits. However, in cases such as this one, a third-party personal injury claim could be viable. An experienced Illinois workers’ compensation attorney can navigate the lawsuit and fight for compensation that covers more than medical expenses and lost wages, which is typically the scope of workers’ compensation benefits.

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