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 »
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.
They have told me they needed time to get to the bottom of this issue, but as I stated before it’s been roughly two months. I have a wedding soon and frankly I don’t have two months to be missing close to 500 on every paycheck. My base pay is 550 before taxes a week and my area sales manager... Read more »
More information is necessary to analyze your situation. Do you have an employment agreement that includes your base pay and commission structure? You should contact an employment attorney in your area to discuss this issue. An attorney can assist with communicating with your employer to ensure...Read more »
I am not sure from your question whether you have had the Illinois Workers' Compensation Commission issue an award or if you are still on weekly benefits due to temporary total disability. However, the general answer is that since cannabis is a legal substance, as long as the doctor does not...Read more »
Please contact your attorney and ask for a status report. There are many reasons you may not hear from the attorney, but if you make an inquiry, the attorney should respond in a reasonable amount of time. This is simply a matter of communication. Good luck.
I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).
I received a call days later that they would not accept paper applications and... Read more »
In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government...Read more »
Worker's Compensation is an area of law that deals with injuries sustained work. It is a statute that is administered by the Illinois Worker's Compensation Commission. if someone sustains a work injury, Worker's Compensation is the exclusive remedy. In other words, they CANNOT sue...Read more »
Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.
After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... Read more »
As long as you've reported the work-injury to your boss right away (and you have), you have up to three years to file a workers compensation case. Your employer can't file the case for you. All they can do is turn the matter over to their insurance company or not....Read more »
A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are...Read more »
When was your accident? There is a minimum rate for permanent total disability. You should be able to download a present value calculator to do the computation. A lawyer who is not actually representing you should not be second guessing the lawyer who is representing you.
A permanent total disability settlement is calculated by determining the life expectancy of the injured worker. The life expectancy gives us the interest rate equivalent to use, but remember, the insurance company is using its own internal rate of return and not what you or I earn on the amount....Read more »
My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.
This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of...Read more »
Not legally. To collect unemployment, you must be actively seeking employment AND Both Willing and Able to accept a job. If you are in formal training, you are NEITHER willing nor Able to accept a job, if offered, nor are you actively seeking employment.
I have 11 weeks of sick leave and some personal and vacation days that I could use on Family Medical Leave. I intend to go back to work once I'm better. I've been off for 2 weeks and expect to go back in 2-3 weeks; long before I run out of sick days. I'm concerned that my employer... Read more »
That's a great question, but I doubt anyone can give you solid advice without sitting down and talking to you to get more information. Schedule an appointment with a competent workers' compensation lawyer. There's typically no charge for an initial appointment on workers'...Read more »
This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.
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 »
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?
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...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.