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Illinois Workers' Compensation Questions & Answers
Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

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2 Answers | Asked in Workers' Compensation and Personal Injury for Illinois on
Q: How to resolve delayed TTD payments after working for 10 days in Illinois?

I have been waiting for Temporary Total Disability (TTD) payments for almost a year related to my back injury in Illinois. Despite not receiving any reasons for the delay, I was found working for 10 days in another job. How can I resolve the delayed payments?

Charles Candiano
Charles Candiano
answered on Apr 28, 2025

I hate to repeat myself, but when you represent yourself in an Illinois Workers' Compensation claim, you are all but guaranteed a sub-optimal result, less money, and more problems. Why on earth would you wait an entire year? What have you done in the last year? What is your diagnosis? Have... View More

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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

It is patently illegal for any employer to condition settlement on your termination. That is on a separate document because no arbitrator at the Illinois Worker's Compensation Commission would approve any contract that contains that provision.

As stated in my prior response, failure...
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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Please accept the following observations from someone who has handled multiple instances of closed head injury before the Illinois Worker's Compensation Commission and in the circuit courts.

1.) You made the mistake of hiring a large law firm rather than an attorney. When you hire...
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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 18, 2025

That's not how it works. As long as you reported your work injury within 45 days, you have 3 years to file the claim with the Illinois Worker's Compensation Commission. Until the claim is filed with the Commission, YOU HAVE NO RIGHTS TO ENFORCE. As I stated, you are required to formally... View More

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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 20, 2025

I just wanted to clarify that you are not seeking to "reopen" your case because you DO NOT HAVE ONE. You need to hire an attorney OR file an Application for Adjustment of Claim with the Illinois Workers Compensation Commission (IWCC). The claim No. you have is with the insurance... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do I need to release all of my medical records for a workers compensation injury?

I work in healthcare in Illinois, I injured my neck at work. My adjuster sent me a medical records and health information authorization and I feel as if only my medical records pertaining to this injury should be released.

Charles Candiano
Charles Candiano
answered on Jan 22, 2025

1st of all, you need to understand that your employer is legally entitled to all medical records from any care that they pay for related to your work injury, IRRESPECTIVE of whether you give them permission. Unless your work injury involves a psychological injury or other specially protected... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: my attorney has not contacted me in over a year what can i do im still in pain with my injury

no responce or communication insurance company wont talk either WHAT IS GOING ON.

Charles Candiano
Charles Candiano
answered on Jan 21, 2025

I'm sorry to hear about your situation. I wish I could tell you that it was unique. Client communication is the single biggest complaint lodged against attorneys, though I appreciate it is no consolation for you. When you hired your attorney, you should have had a long discussion about the... View More

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Illinois on
Q: Can we appeal denied workers comp after being misdiagnosed for heart attack symptoms by employer's physicians?

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

Charles Candiano
Charles Candiano
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

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

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?

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

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?

Charles Candiano
Charles Candiano
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

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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
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answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

Addendum - another option, but it could cost a fee. The larger process server companies handle a variety of functions related to investigation, skip tracing, and general court records research. You could discuss with them. Good luck

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

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

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

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?

Charles Candiano
Charles Candiano
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

2 Answers | Asked in Workers' Compensation for Illinois on
Q: My work comp case is closed, but they did not pay all my medical. What should I do?
Charles Candiano
Charles Candiano
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

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Exceptions to the 3 year statute in Illinois to file a claim for Worker's Compensation.

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

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Illinois Worker's Compensation late claim past the due date questions.

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

Charles Candiano
Charles Candiano
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

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