Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard K. Johnson
2 Answers | Asked in Workers' Compensation for Illinois on
Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?

I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be... View More

Richard K. Johnson
Richard K. Johnson
answered on Jan 18, 2022

Yes, you may very well have a Workers' Compensation claim. Unfortunately, there is no weekly payment for temporary total disability for the first three working days until you are disabled 14 calendar days. If you have lingering symptoms or "covid long haul" then you may have a... View More

View More Answers

3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... View More

Richard K. Johnson
Richard K. Johnson
answered on Jan 18, 2022

Generally, when an individual is under a disability like this one, if a power of attorney was executed by your brother, this incapacity would permit the holder of the power of attorney to act on his behalf. In the absence of a power of attorney, the hospital may be able to assist you by providing... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can I file bankruptcy on a workers comp settlement loan in Illinois or is that type loan exempt from bankruptcy?
Richard K. Johnson
Richard K. Johnson
answered on Oct 20, 2020

The Illinois Workers' Compensation Act prohibits any lien or assignment of proceeds. If you borrow money from a loan company while you have a workers' compensation claim, you are forming a contract, but there is no lien or assignment of the proceeds of the workers' compensation... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Testing me for marijuana years after the initial incident.

I had a work injury a few years ago. I would like to start smoking weed, as it is legal and would help with my injury, can they stop paying my workmans comp if I start smoking weed?

Richard K. Johnson
Richard K. Johnson
answered on May 29, 2020

I am not sure from your question whether you have had the Illinois Workers' Compensation Commission issue an award or if you are still on weekly benefits due to temporary total disability. However, the general answer is that since cannabis is a legal substance, as long as the doctor does not... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Filed a workman’s compensation with my attorney over 1 year ago. Haven’t heard anything about my case?
Richard K. Johnson
Richard K. Johnson
answered on Apr 29, 2020

Please contact your attorney and ask for a status report. There are many reasons you may not hear from the attorney, but if you make an inquiry, the attorney should respond in a reasonable amount of time. This is simply a matter of communication. Good luck.

1 Answer | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: I had a belly button hernia at work..Workman's Comp wants 10 years of medical/work history released to company&insurance

I have only worked at this company 1 year, and really don't work to share my medical history with company.

Richard K. Johnson
Richard K. Johnson
answered on Mar 5, 2020

Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.

3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... View More

Richard K. Johnson
Richard K. Johnson
answered on Mar 4, 2020

Hello. I am not clear on whether you have an attorney. If so, all such questions should be directed to the attorney representing you as that lawyer is in possession of all the relevant facts. You have an absolute right to secure an attorney. Workers' compensation benefits can be disputed... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement
Richard K. Johnson
Richard K. Johnson
answered on Feb 19, 2020

A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Trying to figure out an estimate on a workers comp ptd settlement. My wkly ptd rate is $484, my life expectancy is 37.5
Richard K. Johnson
Richard K. Johnson
answered on Feb 18, 2020

When was your accident? There is a minimum rate for permanent total disability. You should be able to download a present value calculator to do the computation. A lawyer who is not actually representing you should not be second guessing the lawyer who is representing you.

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: How is a ptd settlement calculated in IL workers comp?
Richard K. Johnson
Richard K. Johnson
answered on Feb 18, 2020

A permanent total disability settlement is calculated by determining the life expectancy of the injured worker. The life expectancy gives us the interest rate equivalent to use, but remember, the insurance company is using its own internal rate of return and not what you or I earn on the amount.... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

Richard K. Johnson
Richard K. Johnson
answered on Feb 7, 2020

This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.