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  • Question Illinois

    I injured myself on the job and have been on workers comp for almost a year. Recently, I have been summoned by my now ex-employers lawyers claiming fraud (not related to my workers comp injury). I am about to settle with the WC insurance company...can my employer put a stop to the settlement? If they can't, can they freeze my settlement check because of the allegations they are making towards me?

  • #2
    You are talking apples and oranges. Assuming it isn't WC fraud they are accusing you of, one has nothing to do with the other. Your employer may be relucatant to offer a full and final settlement of the WC claim until this other matter is resolved but they aren't requred to ever settle full and final with you.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      I agree with Elle....

      One more thing, since the two cases have nothing to do with each other (right?), the settlement can certainly be attached as part of a court order.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        Originally posted by ElleMD View Post
        You are talking apples and oranges. Assuming it isn't WC fraud they are accusing you of, one has nothing to do with the other. Your employer may be relucatant to offer a full and final settlement of the WC claim until this other matter is resolved but they aren't requred to ever settle full and final with you.
        I was under the assumption that I am not suing my employer, I am suing the insurance company.

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        • #5
          Fight4myrights, you are under the wrong assumption if you think you are suing anyone where a WC injury is concerned. Unless of course there is a 3rd party liability which you didn't mention. You may be offered a permanent partial impairment lump sum settlement from the IC but technically you are not suing anyone. This settlement is to compensate you for loss of use for the purpose of future earnings capacity. Nothing more, nothing less.
          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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          • #6
            Let's back up.

            Is the fraud the former employer is suing you for related to the WC?

            I would think not... or you wouldn't be getting a settlement. If it isn't, the WC settlement and the new lawsuit are completely separate issues.

            Oh, and you should probably look into an attorney soonest.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              It seems we have two different issues. If you are sued & a judgment is rendered against you, WC benefits in Il. are exempt from seizure.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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              Comment

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