Texas Truck Driver Injured in Missours Collects $275,000 in Illinois WC CAse
J.D., an over-the-road truck driver from Texas, contacted the Workers' Compensation attorneys at Lipkin & Higgins about an accident that occurred in Missouri. While climbing down from his cab, his foot slipped and he fell to the ground, severely injuring his lower back. J.D. worked for an Illinois motor carrier which subsequently went bankrupt. We believed J.D. was entitled to collect Illinois Workers' Compensation benefits and filed a claim on J.D.'s behalf.
We were first able to prove that J.D. had been hired in Illinois though he drove nationwide, and was entitled to benefits paid by Illinois Workers' Compensation Law. Workers' Compensation benefits are determined by each of the individual fifty states, and are not uniform. Illinois is among the highest paying Workers' Compensation benefit states. In the usual case, an injury occurs in Illinois to an Illinois resident who is an employee of an Illinois company, thus implicating Illinois Workers' Compensation law. Another basis for Illinois courts gaining jurisdiction, however, is when the place of hire occurs in Illinois. This was the circumstance in J.D.'s case.
J.D. required back surgery for his injuries which unfortunately only partially helped with his pain and disability. He underwent several years of post-operative treatment eventually having a spinal cord stimulator inserted into his back. Throughout this time he continued to receive weekly Temporary Total Disability benefits, in addition to receiving Social Security Disability Income benefits.
After his lengthy period of medical treatment, J.D.'s case was set for trial, and he traveled to Illinois from his hometown in Texas. With trial the next day, the insurance company offered a settlement of $275,000.00 plus agreement to pay 100% of a Medicare set-aside. (After the conclusion of a Workers' Compensation case, Medicare refuses to be responsible for payment of an injured worker's future medical bills until a "set aside" has been exhausted. A "set aside" is funding from a Workers' Compensation case that goes to pay future medical bills. Refusal to take into account Medicare's interest in this regard can lead to Medicare's refusal to pay an injured worker's medical bills.) As J.D. will require future medical treatment, it was important that his future medical rights be protected, and that his employer accept the obligation to pay for those bills.
