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Illinois Workers' Compensation Questions & Answers
2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Tim Rose
Tim Rose answered on May 11, 2022

Not likely. Company B's insurance would cover your injuries and time off from both companies. But you would most likely not be able to sue Company A.

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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Charles Candiano
Charles Candiano answered on May 12, 2022

You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... Read more »

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I am currently towards the end of my lawsuit. I have had 2 surgieres on my right shoulder in two years and 1 on my left.

In my opionion I feel like my left arm recently had to have surgery because i over compensated it from having two surgeries on my right. I have talked to my lawyer & he keeps saying to have my doctor write it down. My surgeon only could say that it can be from over use and compensation but he... Read more »

Charles Candiano
Charles Candiano answered on Apr 28, 2022

A Worker's Compensation claim is not a lawsuit. You need to have a conversation with your attorney about what relief you are seeking. In other words, are you seeking compensation for a "specific injury" (here, your shoulder); are you seeking compensation for loss of trade (the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is it legal for a workers compensation insurance company to use a blank signed medical release with various providers?

The form was signed but no provider added and the company just changes the name to get information for the claim or for investigation of the claim- example, records for prior injuries that are not under the claim but for that same body part. So providers that the worker’s compensation is not... Read more »

Charles Candiano
Charles Candiano answered on Mar 9, 2022

If you sign a check without entering a payee or an amount, can it be cashed?

The answer to both questions is yes.

Moreover, if a WC carrier pays for medical care, they have a statutory RIGHT to access the records. They do not need your permission unless they refuse to pay. If...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I hurt my hand at work and broke a bone. How much should I expect Workmans comp to settle for after it gets better?

They only pay me 60 something percent of my pay because of covid. We dont have lright duty which pay 80%. So it took them 3 weeks to see the broken bone in the mri. I'm missing lots of double right now at work. And the money I get barely pays any Bill's. How do I calculate pain and... Read more »

Charles Candiano
Charles Candiano answered on Feb 14, 2022

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 AND when it is time to settle, an attorney can add value to your case IN EXCESS of...
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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... Read 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... Read more »

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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... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: What should I do when I have lack of communication with my lawyer & have reached full MMI?

I’m 26 with two surgeries in one year from a job injury that led to termination. I still have chronic pain after having both surgeries in a year. It’s been 3 years that my case has been ongoing and I’ve reached MMI. I have been having major neck pain on the opposite shoulder & I don’t... Read more »

Charles Candiano
Charles Candiano answered on Dec 8, 2021

There is no excuse for no contact in 4 months and there is rarely a need to speak specifically with your attorney. There is no reason why someone cannot get a question answered for you, MOST of the time. If your attorney is doing his job, he should be apprising you of options. No attorney can do... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If fired while on workers comp, can your lawyer fight to get your job back if it was an wrongful termination?

Was fired because I was unable to go into work, I kept calling my supervisor to say I wasn’t coming in but he would just ignore my call.

Also how often should you meet or speak with your lawyer I can rarely get in contact with him. Out of the 3 years I believe we only spoke 6 times and... Read more »

Charles Candiano
Charles Candiano answered on Dec 6, 2021

Your employer has NO obligation to hold your job (beyond the 12 weeks under FMLA, IF APPLICABLE) while you are off on a work injury. Some clients call frequently and some do not call at all. Staff can answer most questions and it is reasonable for answers from your attorney to be relayed by... Read more »

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1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... Read more »

Charles Candiano
Charles Candiano answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
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1 Answer | Asked in Real Estate Law and Workers' Compensation for Illinois on
Q: Can HOA require landscaper working on patio submit proof of workers comp? Liability & homeowner umbrella already sent

This requirement is not specifically called out in the bylaws or process for approval. Prior recent like requests were not subject to this requirement and no update to bylaws were made between requests

Erik K Jacobs
Erik K Jacobs answered on Oct 8, 2021

I'm not sure that requiring a contractor who performs work on the premises would be in any association's bylaws. Generally, the Bylaws are just the rules for governing the association. That being said, this is simply just a good business practice.

2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take to set up a WCMSA with medicare? Will it take months before I know something?
Charles Candiano
Charles Candiano answered on Apr 29, 2021

If the question you mean to ask is how long does it take to get approval for an MSA, the answer is that it depends how you go about it. If you have the ability and resources to do it yourself, it is possible to get approval in 45 to 60 days. If you use a third-party provider, it could take 6 to 9... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 21, 2021

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Would someone loose a lawsuit or not be able to file if they where given choice to resign or retire or be fired

Question had little room to give exclamation. But what I mean is for name sake let’s say Donna works a job. Donnas boss Scott (again for name sake not a real name) gives her three options. Let’s say Donna is retirement aged. So Scott says to make a long conversation short. Donna you can resign,... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 10, 2021

Generally speaking, in order to prove she was unlawfully terminated in your scenario, Donna would need to prove (among other things), that she suffered an adverse job action. Donna could claim she was constructively discharged if she was forced to resign or retire, in lieu of termination to meet... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... Read more »

Charles Candiano
Charles Candiano answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... Read more »

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... Read more »

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1 Answer | Asked in Workers' Compensation and Construction Law for Illinois on
Q: I don't have worker comp. I use sub. how can I put the responsibility on sub if anything happens to its laborer?

as a contractor, I do not have worker compensation insurance. I hire people to do the job. how can I protect myself from job site injuries happening to any of the laborers.

Charles Candiano
Charles Candiano answered on Sep 28, 2020

Easy. You require that any Sub provide proof of WC insurance BEFORE you agree to do business with them and keep a copy on file. This does not mean that you MAY be on the hook if the Sub's WC coverage lapses and someone is injured. It's the best you can do.

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