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Illinois Workers' Compensation Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does the employer get penalized etc. for not reporting accidents. Thanks

Family member of a family business has been injured many times over the years. ( 2 foot operations, for the operations hip surgery to name a few. They were never turned in to work comp. Now that same person is having to have knee replacement and other procedures because of those accidents. Who’s... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

I'm not sure what you mean when you say the injuries "were never turned in to work comp."

Do you mean a workers' compensation claim was never filed with the Illinois Workers' Compensation Commission? Doing that is the responsibility of the injured employee....
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take to answer a demand letter
Steve McCann
Steve McCann
answered on Dec 8, 2017

It depends on the deadline imposed in the letter itself. Thus, I would recommend asking your attorney. If you do not have an attorney, the demand letter will likely not be taken seriously, and you should consult with an attorney immediately.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: In Illinois, saw doc for 3 weeks before being told he won’t bill WC. Now wants payment in full for services. Options?

Was rear ended while working, saw a chiropractor & advised him it was a WC injury. 3 weeks into treatments he said he refused to file the bills through WC and I should find a new chiropractor. I just got a nearly $1k bill for the services he rendered with the knowledge of WC status. Am I liable... View More

Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Ultimately, YOU are responsible. Hire an experienced Workers' Compensation (WC) attorney. He will get it paid.

WHENEVER you sustain an orthopaedic injury, always go to an orthopaedic doctor to have him make a diagnosis and coordinate your care. Their opinion will be far more...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does an IL WC attorney have to submit a proposed decision?
Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Usually 2 weeks. The Commission is flexible if more time is requested.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I have reached MMI in my wc claim. I have returned to full duty. I also want to quit badly. What will happen if I do?
Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Discuss with your attorney. There should be no issue provided you give notice to your employer but DISCUSS with your attorney first.

If you do not have an attorney, you may or may not get a settlement and if you do, it will be much less than if you had counsel.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I treated a WC patient. He died before case settled. Lawyer involved. What am I entitled to regarding my bill?

This patient (Dan) died after being released from care. Attorney for patient said WC settlement is $4,000. My outstanding bill is $4,400

What are my rights and recourse in getting paid? Below is an email sent to me from the deceased patient's attorney.

With Dan deceased, Paul... View More

Charles Candiano
Charles Candiano
answered on Nov 29, 2017

There are no liens in Workers' Compensation but you are entitled to be paid by the estate.

You are mistaken on your facts. It is a legal fiction that "pain and suffering" DO NOT EXIST in Workers' Compensation. The most likely reason that the matter did not proceed to...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: I hurt my back 2 years ago at work never turned in workmans comp paid medical bills myself and the boss paid for time

I have to have surgery now it got worse wanting to know if I can still turn it into Workmen’s Comp.

Charles Candiano
Charles Candiano
answered on Nov 29, 2017

ABSOLUTELY. The sole requirements are that you notify the employer within 45 days and file with the Commission within 3 years. Contact an experienced Workers' Compensation attorney ASAP to provide the details and make certain that you can move forward. There is no cost or obligation for... View More

1 Answer | Asked in Divorce, Family Law, Banking and Workers' Compensation for Illinois on
Q: My husband will be getting a workman's comp settlement soon. Can he legally keep the settlement to himself?

I have proof of the amount he will be receiving but he is lying about it. He has stated they haven't settled it yet, but my picture proof shows the amount and that he, my husband, has agreed to the amount. Our marriage is rocky so I suspect he will keep most of the settlement in a secret... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 17, 2017

He can try to keep all of the settlement, but it is a marital asset, and your would be entitled to your equitable share of it if you were in an actual divorce situation. If there is no divorce case involved, he if free to do whatever he wishes with the settlement proceeds. You will be entitled to a... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: How can i get answers?

I tore cartilage in my knee at work back in July by stepping down off of a ladder wrong. I went to occupation health doctor, was then referred to a surgeon. Surgeon said I would need surgery but released me to go back to work. Took the release to my employer and they wouldn't let me return... View More

Charles Candiano
Charles Candiano
answered on Nov 15, 2017

You just posted this in AVVO. I responded:

There are many red flags here. You don't tear your meniscus by "stepping wrong," it requires a twisting motion. WC benefits do not "end" in Illinois. They can be paid for an indefinite period. It doesn't make any...
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1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: Does an employer have to give vacation time to an employee of 20 years after being on Work Comp for a year?

This year he was out of work on work comp from Jan-May. He gets 3 weeks vacation.

Charles Candiano
Charles Candiano
answered on Nov 8, 2017

The question cannot be answered because the Illinois Workers' Compensation Act does NOT have ANY benefit provisions.

Moreover, there are no laws that protect vacation time. You MUST read your employee handbook or contract to determine your eligibility.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: How much longer can IWCC go over the 60 day "deadline" to issue a decision?

We won at arbitration, company appealed. Oral argument in front of commission has taken place and we are now waiting over 60 days to receive a final decision.

Charles Candiano
Charles Candiano
answered on Nov 2, 2017

It is VERY unusual for the Commission to take longer than 30 days after Orals. Decisions are only issued by email and easy to miss or to go into junk mail. Call the Commission and ask if a Decision on Review has issued in your matter.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens after the lawyer sends the insurance company documents and wait for settlement offer workers comp?
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

Absolutely nothing is assured to happen unless a Motion is filed with the Commission. 94% to 96% of all cases are settled without trial but your attorney has no control over when or whether an adjuster reviews a file. The answer could come in a month or it could come in a year.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I've been released from medical care and returned to work w/o restrictions still no compensation with lawyers whats next
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

If you have an attorney, ask him. If you do not, get one.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if you do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value...
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1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If someone has been paid under $599.00, will they still be considered a 1099 and we would need proof of insurance?

These people have been considered in our payroll and our workman's comp audit. Even though they were paid under $599.00 in a year. Can the auditor included them in our audit?

Charles Candiano
Charles Candiano
answered on Oct 24, 2017

Whether someone earns $599.00 or $599,000.00 has nothing to do with whether they are/were an employee. Control over their work, scheduling, and who owns the tools are all much more important factors.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does illinois worker compensation act cover a heat stroke at work?
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

It depends. Work injury from heart attack or stroke is only covered if you have a doctor who is willing to testify that some aspect of the job contributed to the injury. For example, if someone with a bad heart is required to climb a ladder or otherwise exert himself and the exertion causes a... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does illinois worker compensation act cover a stroke at work?

My friend had a stroke at work he was working near a reactor which was really hot?

Charles Candiano
Charles Candiano
answered on Nov 29, 2017

YES, as long as his doctor is willing to testify that the excessive heat CONTRIBUTED to the stroke.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can my employer terminate my rehabilitation benefits for no reason?
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

Not unless someone is there to call them on it. This is just another reason why you NEED an experienced attorney.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if you do not hire experienced counsel. You will have someone to guide you through the process...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens if you are off work due to a back neck hip & shoulder injury & get pregnant???

Been off work since May 24th & found out 3 months pregnant on Sept 3rd... Got pregnant after being attacked at work... What now???

Charles Candiano
Charles Candiano
answered on Oct 9, 2017

It simply is not possible for you to have been worked up for a back injury without the doctor noticing you were pregnant. Moreover, how will you credibly explain that you were pregnant for 3-4 months BEFORE you suspected? If you were sexually attacked at work, all cost related to the pregnancy... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Why would an IME be asked to be done after I've been diagnosed and first round of treatments didn't work so why now

Its been 3 years of pain and just got diagnosed with tos about 9 months ago and now they want me to do an IME after they had a doctor try and treat but was unsuccessful with his treatments. Why would they want an IME after doing like 3 already and it's 3 years into the case

Charles Candiano
Charles Candiano
answered on Oct 2, 2017

Respondent has a right to request a Section 12 Examination at any time. Failure to attend will result in termination of benefits. If you are not represented, consult an experienced Workers' Compensation attorney ASAP.

For Illinois Workers' Compensation claims, you will ALWAYS...
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