Lawyers, Answer Questions  & Get Points Log In
Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: I injured my lower back at work and went through the Conservative treatment route without recovering.

After about 9 months and a visit to an IME, surgery was scheduled. Unfortunately, surgery was not successful and I still suffer from a “Pinched” nerve. For some reason, doctor won’t say, surgery was not completed completed and the spine (L4, 5 and S1 was fused together, “as is”). I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

It seems you're asking a medical question. Get a second opinion from another doctor. If you don't have a lawyer, get one ASAP to protect your rights and answer your questions with authority.

If you're asking a legal question as to your rights under the Workers' Compensation Act, most...
Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?

James G. Ahlberg
James G. Ahlberg answered on Jun 14, 2019

The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not responsible for... Read more »

View More Answers

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Civil Litigation for Illinois on
Q: My husbands employer accidentally paid him after he was fired for six months and we didn't notice bc I work there.

We got a letter from the employer saying we needed to pay back $27k in two weeks. When we got his w-2's and mine , this pay was not reflected at all. We don't know what our right's are in this case. We don't pay much attention to our bank statements and just paid bills as usual and we don't have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2019

Whether you look at your bank statements or not is irrelevant. If your employer actually paid your husband $27,000 more than he was entitled, he will either have to give it back or will probably be sued by the employer.

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

I am looking to get clarification regarding the following paragraph:

---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---

Based on this, when would the 40%... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 26, 2019

Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee... Read more »

View More Answers

1 Answer | Asked in Child Support and Workers' Compensation for Illinois on
Q: I receive a workers comp settlement 15 yrs ago while I was paying child support to x wife never told her and court

now she knows how do I handle it go to the court and tell them

Ray Choudhry
Ray Choudhry answered on Jan 8, 2019

Were you required to report it?

Double check your court orders.

If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Husbands been on Workmen's Comp since 1978, needs additional surgery recommended by Doctor.

Can workmen's comp deny surgery?

Charles Candiano
Charles Candiano answered on Dec 21, 2018

Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time...
Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If I qualify for workers' comp benefits for a work injury, how do they get paid out?
James G. Ahlberg
James G. Ahlberg answered on Dec 4, 2018

It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I do piece work - can I still file a claim?
Charles Candiano
Charles Candiano answered on Nov 12, 2018

Absolutely. Sooner rather than later.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I hurt back at work reported it to boss. Went to doctor but used my insurance. Since I have also went to ER what do I do

Doctors X-rays said inflammation arthritis 2 days off work then 6 days back to work landed me in ER cat scan showed 2 bulging discs. Boss has told me take as much time as needed and he can always find something for me to do at work. I have given my personal insurance for doctors and Er visits, not... Read more »

Charles Candiano
Charles Candiano answered on Nov 12, 2018

This is why you need an experienced Workers' Compensation attorney. You are entitled to be paid for every day you cannot work due to your injury or you earn less money because of restrictions. Back injuries are among the most debilitating. No matter what your boss says, if you need surgery and... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If a court finds that my workers' comp benefits were improperly calculated, could I have to repay some of them to my

employer?

Charles Candiano
Charles Candiano answered on Nov 5, 2018

Workers' Compensation questions are before the Workers' Compensation Commission. YES, if you were overpaid, you can owe money. If this is the case, it is usually learned early-on. In that case, it can be deducted from the permanency. Discuss your claim with an experienced attorney in this area... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight

momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right if I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2018

A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.

View More Answers

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Are all employers, no matter how small the organization required to carry workers' comp insurance?
Charles Candiano
Charles Candiano answered on Sep 26, 2018

Yes. The only exception is for owners. They are allowed to opt out. I choose to cover myself along with employees.

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Looking for attorneys who is able represent my “out of state workers compensation case” on GUAM. No need for travel.

Currently residing in Okawville Illinois since accident and continuing medical care since 2016

T. J. Jesky
T. J. Jesky answered on Sep 11, 2018

Let me suggest you contact the Guam Bar Association. Website: https://guambar.org/

According to their website, they can make a referral for you. Their website says that they have 5 attorneys who specialize in Workers Compensation cases.

3 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: computer chair flipped me out onto the floor causing severe back pain, besides wc is this personal injury or on company

Work as a lpn .. old worn chair, company threw out after my fall, keep asking me to return to work

Tim Akpinar
Tim Akpinar answered on Sep 9, 2018

It looks like you already identified the workers’ comp element in this matter. I don’t practice in Illinois, but if you were injured and are exploring your rights outside of workers’ comp, consult with an Illinois personal injury/product liability attorney regarding third-party cause(s) of... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does one get 100% of their salary while on Workers Comp?
James G. Ahlberg
James G. Ahlberg answered on Sep 2, 2018

Generally, a person gets 2/3 of their average weekly wage earned in the 52 weeks before the week in which the injury occurred while they are recovering from their injury, and 60% of their average weekly wage for each week of compensation they are entitled to for the permanent consequences of the... Read 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...
Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Workmans comp case approved for a year now but there is withheld disease out of the medical history. What do you

Right knee injury torn meniscus but there is intense swelling and pain but the disease is lyme disease

James G. Ahlberg
James G. Ahlberg answered on Aug 14, 2018

The impact of a disease on a workers' compensation injury can be complicated. Make sure the attorney handling your comp case is fully aware of the situation so he can handle it properly. If you don't have an attorney, you need to get one as quickly as possible.

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?

James G. Ahlberg
James G. Ahlberg answered on Aug 13, 2018

Yes, it does. It is even better if you notify them via email or some other way that lets you prove later that you told them about the injury. They need to know (a)he's injured, (b)the general nature of his injury, (c)when it happened and (d)how his injury is connected to his work.

View More Answers

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

James G. Ahlberg
James G. Ahlberg answered on Jul 17, 2018

What you're probably running into is the normal confusion surrounding the sale of a business. It should make no overall difference to your case. If your employer had workers' compensation insurance in effect on the date of your accident, that insurance company continues to be responsible for your... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I countered to a workers comp proposal. It has been 1.5 months sense that counter.

When should I expect a counter from them? I saw some documentation that I shouldn't have seen and informed workers comp adjusters to this. Which reflected her offer was $7000.00 less than what it should have been based on the information I shouldn't have seen. Will she counter the offer reflecting... Read more »

Steve McCann
Steve McCann answered on Jul 10, 2018

You may never receive a counter, as you will never be taken seriously unless you are represented by an attorney. This is a common tactic used by adjusters I see all the time when dealing with unrepresented parties. Do yourself a favor, and hire an attorney immediately. Do not make another... Read 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.