Employee collects on workers compensation, car accident and underinsured motorist insurance
Car Accident Causes Back Pain, Permanent Job Restrictions
In July 2008 Lipkin & Higgins was contacted by J. R., a 36 year-old fork lift repairman, involved in a car accident two months earlier on his way to a service call in a company vehicle. Although causing only minor damage to his vehicle, J. R. was jostled around and twisted his back while being restrained by his seatbelt.
Initially, the back injury seemed mild, and J.R. was returned to work by his doctor on a light duty basis. However, the employer had no light duty work available, and J.R. remained off work collecting workers' compensation benefits. Over the course of several weeks, J.R.'s back pain steadily worsened, eventually involving pain traveling down one leg. Referral was made to an orthopedic surgeon who ordered an MRI and diagnosed J.R. with a herniated disc touching his spinal nerves.
Surgery was performed about a year after the accident. Despite surgery and physical therapy, the physician stated J.R. could not return to his former job as a fork lift repairman, classified by government regulations as a heavy labor position. Instead, the doctor imposed permanent job restrictions limiting J. R. to a medium level job (no lifting over 50 lbs.).
Employer Provides Vocational Rehabilitation
A vocational rehabilitation counselor was hired by the employer to help find J.R. a job. These efforts were made more difficult by his limited work history, and gaps in his employment. About a year later, he was able to find a job as a fork lift operator, at a salary substantially less than what he was earning when injured.
Lipkin & Higgins Files Claim Against Driver Causing Accident
The Chicago auto accident lawyers of Lipkin & Higgins filed suit against the driver of the vehicle causing the accident, and collected the defendant's policy limits of $25,000.00 almost immediately.
Lipkin & Higgins Files Workers' Compensation Claim
A second claim, for workers' compensation was also filed, which settled after two years for a total of $195,000.
Lipkin & Higgins Files Underinsured Motorist Claim
Finally, as Lipkin & Higgins believed the value of J.R.'s injury exceeded the combined amount paid by the defendant in the car accident case and J.R.'s employer in his workers' compensation case, a third claim, for underinsured motorist coverage – was also filed, under the employer's vehicle insurance policy. This claim was eventually settled for $625,000.
The total value of J.R.'s accident claim was $845,000.
