An armored car was in involved in a
car accident in Pekin when a pick up truck failed to yield the right-of-way while making a left turn. According to news reports, only minor injuries resulted from the automobile crash.
For the armored car guards, this is an on the job injury which entitles them to make a claim for
worker's compensation benefits in Illinois. This includes three basic benefits: (1) payment of all injury related medical expenses, (2) two-thirds of your average weekly wage while off work, known as temporary total disability or TTD, and (3) a lump sum settlement for any permanency associated with the injuries from the accident.
In addition, the armored car guards can file a
third party liability suit against the other driver. The basis for the
third party liability auto accident lawsuit would be that the pick up truck driver failed to yield the right of way when making his left turn. This would entitle the armored car guards to recover the full range of damages that they suffered as a result of the car accident.
One important feature to keep in mind in cases such as this: that the worker's compensation carrier must be reimbursed for the benefits it paid on behalf of the injured worker. This is known as the
worker's compensation lien. The lien must be paid out of any money that is recovered from a judgment or settlement in the automobile liability case.
Because of this, not every third party liability case is economically feasible in the sense that it will provide enough economic benefits to the client after the lien is paid. One thing that we do as
experienced Chicago personal injury lawyers is to monitor work accident cases to make sure that if there is a viable third party liability suit, that it is filed before the
statute of limitations for the car accident suit expires.
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