Get free answers to your Workers' Compensation legal questions from lawyers in your area.
My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More 
answered on Sep 23, 2024
To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More
Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More
If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?
answered on Aug 15, 2024
An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More
Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?
answered on Jun 2, 2024
Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More
If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice... View More
answered on Apr 8, 2024
The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but... View More
first claim was closed when i was told by my attorney after telling him I was diagnosed cancer it would be left open ....i am seriously so upset that i was told i have no case even w the getting stage4b lung cancer all the sudden 6 -12 months before may 2022 scan and had breakout at work sept... View More
answered on Mar 1, 2024
You also posted this question in Avvo. Unfortunately, neither posting contains the information necessary to provide a definitive answer to your question. You do not tell us about your Worker's Compensation claim other than you had one and you are represented by an attorney. You do not tell... View More
If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?
answered on Jan 31, 2024
You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More
answered on Dec 30, 2023
I agree with Mr. Ahlberg IF YOU HAD AN ATTORNEY. If you did not have an attorney and there is no language in your settlement contract to pay the providers, you may be stuck. There are NO MEDICAL LIENS on Illinois WC settlements so NONE of the bills have to be paid from the settlement but YOU do... View More
Since one of the exceptions to the three year filing deadline for Illinois worker's compensation is having a medical bill paid related to my injury within 2 years of working for that company, since I no longer work for that company but if I were to get a different kind of job with the same... View More
answered on Dec 7, 2023
Not for the 2017 injury. That said, it is always possible to reinjure your back or exacerbate a pre-existing injury. If a doctor is able to relate any reinjury or exacerbation of pre-existing injury to your work activities, THAT injury would be compensable under Illinois Worker's... View More
I looked through my medical records and I did find one progress note that does say specifically that my symptoms, and the symptoms were specified, were due to an accident at work. The biggest problem is the progress note says that began in 03/2018 when my symptoms first appeared in 11/2017 and an... View More
answered on Dec 6, 2023
On your facts, there is nothing that can be done. The ONLY way to extend the statute of limitations for work injury beyond three years is to receive "compensation" (usually in the form of medical benefits) from an employer-sponsored group health insurance program within two years of... View More
Does anyone know if when Covid 19 started the U.S. lock down that there were exceptions, extensions, etc. for filing late worker's compensation claims in Illinois?
answered on Dec 7, 2023
To the best of my knowledge, no statute of limitations was extended as a result of the pandemic. If the three-year SOL for filing your claim ran during the last two weeks of March when the Commission was closed, you would have a strong argument for being able to timely file your claim on April 1,... View More
If I was on an unpaid leave of absence with my employer is that considered as still being an employee for the company? As far as the original injury goes, the symptoms first appeared in early Nov. 2017 and an MRI told us what was going on for sure in Dec. 2017. Herniated disc, bulging disc,... View More
answered on Dec 7, 2023
The most common way to date an injury from repetitive stress trauma (wear and tear) is to use the first day that you went to seek medical attention. For you, that is going to be some date in 2017 so the statute of limitations is going to be the same date in 2020. Remember that in addition to the... View More
My lower back pain first started in early Nov. 2017. I saw a doctor after it didn't go away after a few days and reported it to my boss and supervisor. I worked at a grocery store for a long time moving the big and heavy things. No one ever gave me worker's comp papers or filed a claim. I... View More
answered on Dec 4, 2023
It depends. There are two components to timely filing a Worker's Compensation claim. You must provide notice to the employer within 45 days AND you must file an application for adjustment of claim within three years OR within two years of the last medical care provided under an... View More
on getting my child back what can i do in order to get this fraud behavior to stop
answered on Oct 1, 2023
Do you have a court order between you and the other parent that gives you custody or parenting time? Who is this person whose household she has joined? How old is this child? Have you filed a police report? There are a lot of issues here.
I hurt my wrist at work on july 23rd ive been doing everything they have asked going to the caterpillar drs. They finally sent me for an mri last week and today i had an appointment at osf orthopedic and the dr there said i have tendonitis and is referring me to rehab with a follow up in 6 weeks. I... View More
answered on Sep 7, 2023
Yes, you should contact an attorney ASAP to protect your rights. If you're being railroaded, there's no better way to derail the train than to have a good attorney behind you.
I, 33 year old female, was recently diagnosed with lower lumbar facet arthrosis. I was told by my chiropractor that this typically isn't seen in patients my age, this is something that occurs in older patients. I have been working at a factory for over 12 years and believe this diagnosis was... View More
answered on Aug 16, 2023
First of all, when you are injured at work, you can never sue your employer. Your sole remedy is to file a claim with the Illinois Worker's Compensation Commission. To succeed in a Worker's Compensation claim, it is essential that you provide a sound causation opinion from a credible... View More
I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More
answered on Feb 28, 2023
Projectile objects being thrown at your head create an unsafe work environment and also have the potential to cause serious blindness and bodily injury. Report the incident to your manager. If your manager fails to correct the conduct, then report the matter to Human Resources.
When I pulled the pan out it was full of grease and fried my whole hand and half of my arm the did not report this to the police or anything can anything be done?
answered on Feb 8, 2023
You should contact a lawyer about filing a workers' compensation claim right away. This is not a situation that would normally be reported to the police.
I'm waiting to receive money from a Workman's Compensation Settlement. If I were to pass away before I actually receive the money, does my spouse still get it?
answered on Jul 5, 2022
It depends upon what you mean by "being processed." If you have entered into a settlement agreement and that settlement agreement was approved by an arbitrator or a Commissioner, it must be paid within 30 days and is usually paid in 10 days or less. If you should die before you received... View More
Pins are currently out hand swollen
answered on Jun 15, 2022
I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... View More
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.
