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Questions Answered by Charles Candiano
1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Indiana on
Q: Why weren't there a crash investor called after my crash on September 8, 2018.. only a police officer arrived.
Charles Candiano
Charles Candiano
answered on Sep 17, 2018

Indiana only requires that a formal accident reconstruction be prepared after fatal accidents. If someone died or suffered obviously life-threatening injuries, they would have taken the necessary measurements and photographs of the vehicles, gouge marks, and any other memorialization of the... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: how does illinois figure out what your workman comp payments will be, do they go by how much you made that year?

plus my husband needs surgery to his groin, because of getting hurt at work.

Charles Candiano
Charles Candiano
answered on Aug 16, 2018

If your husband is paid hourly, add the hours he worked in the 52 weeks before he was hurt and divide by the number of weeks he actually worked. That number is multiplied x his hourly rate to get his average weekly wage (AWW). His weekly benefit (TTD) is the AWW x .6667.

Hernia injuries...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: My husband is in the hospital with injuries - it's okay if I report it to

his boss and not him, right? Does that count as notifying them?

Charles Candiano
Charles Candiano
answered on Aug 16, 2018

It is impossible for me to know to whom the pronouns refer. You MUST notify a supervisor, owner, or HR about the injury within 45 days or the claim can be denied (even if it is already accepted). It is best to do this in writing or by email so that you have proof that you gave Notice.

For...
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1 Answer | Asked in Workers' Compensation for Indiana on
Q: I got hurt on the job and work comp paid for everything they issued me a small check at the end of it. Can i still be pa

I got a check from work comp had to sighn a paper with it. But paper did not say anything about thats all ill ever get i dont think or that i cant get a lawyer . Is it too late now?

Charles Candiano
Charles Candiano
answered on Jul 25, 2018

You need to speak with a local Worker's Compensation attorney and take a copy of whatever document you signed. is simply not possible to intelligently comment further without reviewing the document that you signed.

1 Answer | Asked in Personal Injury for Illinois on
Q: What happens if no one is at fault in an accident - who pays?
Charles Candiano
Charles Candiano
answered on Jul 25, 2018

There is no such scenario. Each of the 2 or more Parties to an accident is ALWAYS assigned some degree of contributory negligence. If it turns out that 2 drivers are determined to be equally negligent, they are each responsible for one half of whatever injury and other damage they cause. In... View More

2 Answers | Asked in Products Liability for Illinois on
Q: How do I know what implied warranties I have from the new car I purchased?
Charles Candiano
Charles Candiano
answered on Jul 25, 2018

With all due respect, this is not a question that can be answered. By definition, an implied warranty is a warranty that is not stated. An example of an implied warranty related to a brand-new vehicle would be that provided you obey the traffic laws, the vehicle can safely transport you from one... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I have an open case since last aug. As of June 26 I have been told my case is on hold because the company is selling.

Can they do that and is it too late for me to switch lawyers

Charles Candiano
Charles Candiano
answered on Jul 25, 2018

Sale of a business has absolutely nothing to do with the processing of a Worker's Compensation claim. The decision of who you choose to represent you always belongs to you. You can fire any attorney, at any time. It is very important that you exercise that power wisely and after reflection.... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Do you still receive weekly work comp checks after you return to work on light duty? I have no use of right hand and

Am sitting at work my 8hr shift doing nothing.

Charles Candiano
Charles Candiano
answered on Jul 25, 2018

If your inability to use your Right hand is permanent, you may be entitled to a wage differential through age 67. This could be worth MANY TIMES the fair value of a specific injury. There are many remedies available under IL Workers' Compensation that it would be impossible for you to pursue... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can a file a workers' compensation claim for psychological damage caused by my former employer?
Charles Candiano
Charles Candiano
answered on Jul 25, 2018

Absolutely. That said, it will be necessary for your psychiatrist or clinical psychologist to testify that he or she believes, within a reasonable degree of medical certainty, that your diagnosed psychiatric condition was caused or exacerbated by an event related to your work responsibilities. if... View More

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2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on
Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

Yeah I was never compensated for my medical bills and I feel that his insurance should have paid

Charles Candiano
Charles Candiano
answered on Jul 25, 2018

You have a Worker's Compensation claim and you should pursue that, immediately.

If the accident was not your fault, you also have a 3rd party claim against the driver who caused the accident. Airbags are very dangerous and are not designed to deploy in the vast majority of...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I have a lower back pain , stuggle from driving van, repairing heavey equipment. MRI shows bad signs in backbones

workers comp examiner denied my claim simply I have no doctor in USA to state that back injuries are due to nature of work? Employer terminated me when I filed claim with worker compensation. no job no insurance no doctor even to accept self pay patient to prove my case

Charles Candiano
Charles Candiano
answered on Apr 27, 2018

If you injured your back on the job, consult a Workers Compensation attorney ASAP.

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2 Answers | Asked in Car Accidents for Indiana on
Q: I was rear-ended, the other party does not have insurance and is suing me claiming it is my fault. I need advise
Charles Candiano
Charles Candiano
answered on Apr 25, 2018

Just turn it over to YOUR insurance. They will hire an attorney at no cost, if necessary.

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1 Answer | Asked in Workers' Compensation and Public Benefits for Illinois on
Q: I hurt my back and received a settlement,my back issues came back, will my Medicaid insurance pay for my treatment?
Charles Candiano
Charles Candiano
answered on Apr 16, 2018

Medicaid will Absolutely pay for any needed care through a Medicaid provider. If you had been represented by a competent attorney, initially, You would have recovered much more money or kept the medical open for the rest of your life.

4 Answers | Asked in Car Accidents for Illinois on
Q: My daughter was in a car accident while working, can she collect workerscomp for medical or should she go after the per

the person who hit her?

Charles Candiano
Charles Candiano
answered on Apr 16, 2018

If she is an employee, your daughter is absolutely entitled to Workers's Compensation benefits which include:

1.) ALL reasonable and necessary medical care

2.) Weekly, non-taxable income

3.) Money to compensate her for her permanent injury

Suing the at-fault...
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1 Answer | Asked in Wrongful Death for Illinois on
Q: In a wrongful death case with multiple heirs, are damages always divided equally?
Charles Candiano
Charles Candiano
answered on Apr 13, 2018

There are VERY few rules that "always" apply. The closest you come to always in this situation is that the heirs decide among themselves. BEFORE any funds can be distributed, the Judge MUST approve the distribution which he will ALWAYS do provided that all heirs are in agreement. The... View More

3 Answers | Asked in Car Accidents for Illinois on
Q: I was going from one alley in to another and was t-boned by a speeder. I was given a summons what should i do?
Charles Candiano
Charles Candiano
answered on Apr 5, 2018

As Mr. Munsing commented, you were probably cited for Failure to Yield the Right of Way. Going from one alley, into another, you COULD NOT have had the Right of Way. Report this to YOUR insurance immediately and cooperate, fully.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I got hurt at work and ended up needing microdiscectomy back surgery. Workers comp has been paying all the bills

And sending me my checks. But I was just wondering. Once I get cleared from my Dr to return to work without restrictions, am I eligible for a settlement? I was told I'm pretty much guaranteed a settlement once I'm cleared but others have told me I only get a settlement if I can't get... View More

Charles Candiano
Charles Candiano
answered on Mar 28, 2018

You are absolutely entitled to money but the insurance company has ABSOLUTELY NO OBLIGATION to OFFER it. It you cannot return to your former work and must accept a lower-paying job, you have a right to force the insurance company to pay you the difference between what you were earning and what you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: In my settlement case my attorney asked me how much I wanted.. I told him $8,000..a settlement agreement was wrote up..

The attorney added his fee to increase the settlement offer.... On the paper the medical cost were blank.... But said in writing on the paper that medical cost would come to 2,800 and be paid out of the settlement.... Now my question is.. The attorney said that medical cost will come out of my... View More

Charles Candiano
Charles Candiano
answered on Mar 27, 2018

There is more wrong than right. Unless you have extensive familiarity with Workers' Compensation (WC), you couldn't possibly know what your case is worth. Isn't that one reason why you hired the attorney - to tell you what the claim is worth. WC claims are NOT valued in dollars.... View More

1 Answer | Asked in Traffic Tickets, Criminal Law, Car Accidents and Insurance Defense for Indiana on
Q: Will my new traffic citation affect my ongoing court case?

I received a citation for going 90 in a 65 on the interstate. A month prior I was charged with a hit and run that i am disputing in court, my final court date for the hit and run is april 13th. The court date for the citation is in may. Is the citation in any way going to affect the outcome or... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2018

It has nothing to do with WHETHER you were liable in the "hit and run" but a subsequent Reckless Driving will make it a heck of a lot more difficult for your attorney to negotiate a plea, in BOTH actions. Do NOT plead guilty to the speed/reckless charge. Hand it over to your attorney... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: On workers comp. for 2yr and 9mo. Released to go back to work, but the company has closed. Can I collect unemployment?.

My FCE was also lowered to moderate duty. Job requirements 100lbs lifting.

Charles Candiano
Charles Candiano
answered on Mar 23, 2018

No. You have no income during the prior 12 months. Your attorney should explain that you are entitled to CONTINUE to receive benefits while they put you through voc rehab to determine what you can do within your restrictions and how much you can earn. Your employer is responsible to pay you the... View More

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