2008
Illinois Worker’s Compensation Death Claim
ATTORNEYS: ROBERT H. PEDROLI, JR. AND DANIEL J. GAUTHIER
CASE: The client’s husband died as a result of falling from a water tower where he was preforming maintenance work. He resided in Illinois but was hired by a company from Oklahoma and the death occurred in a third state, Arkansas.
Generally, the location of the injury or death dictates the applicable law, so in this case, Arkansas work comp law presumptively applied. However, under Arkansas law this wrongful death case would be capped at about $200,000, an amount that is significantly less then provided under Illinois law. However, we filed under the Illinois Worker’s Compensation Act arguing that Illinois work comp law applied because the decedent was an Illinois resident and was hired over the phone while he was at his home in Illinois.
Case law and precedent support a legal position that the Illinois Industrial Commission could have exercised jurisdiction and had an interest in protecting citizens of the State of Illinois.
SETTLEMENT: After battling over jurisdiction, the Insurer agreed to settle the claim for $500,00.00, an amount well in excess of the Arkansas limits.
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