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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is there any way I can file for Illinois worker's compensation 3 years past the deadline?

My lower back pain first started in early Nov. 2017. I saw a doctor after it didn't go away after a few days and reported it to my boss and supervisor. I worked at a grocery store for a long time moving the big and heavy things. No one ever gave me worker's comp papers or filed a claim. I... View More

Charles Candiano
Charles Candiano
answered on Dec 4, 2023

It depends. There are two components to timely filing a Worker's Compensation claim. You must provide notice to the employer within 45 days AND you must file an application for adjustment of claim within three years OR within two years of the last medical care provided under an... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Can I sue my employer after developing chronic degenerative orthopedic diagnosis that was likely caused by my job?

I, 33 year old female, was recently diagnosed with lower lumbar facet arthrosis. I was told by my chiropractor that this typically isn't seen in patients my age, this is something that occurs in older patients. I have been working at a factory for over 12 years and believe this diagnosis was... View More

Charles Candiano
Charles Candiano
answered on Aug 16, 2023

First of all, when you are injured at work, you can never sue your employer. Your sole remedy is to file a claim with the Illinois Worker's Compensation Commission. To succeed in a Worker's Compensation claim, it is essential that you provide a sound causation opinion from a credible... View More

3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

David Wolkowitz
David Wolkowitz
answered on Feb 28, 2023

If you are injured, you could make a worker's compensation claim against your employer. If your co-worker through something at you, that might be a crime, and you could call the police. However, practically speaking, this will cause problems for your employer, and they may fire you. Perhaps... View More

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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Jeremy Wang
Jeremy Wang
answered on Feb 28, 2023

Projectile objects being thrown at your head create an unsafe work environment and also have the potential to cause serious blindness and bodily injury. Report the incident to your manager. If your manager fails to correct the conduct, then report the matter to Human Resources.

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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Charles Candiano
Charles Candiano
answered on Feb 28, 2023

On your facts, this is neither a personal injury nor a Worker's Compensation claim as you sustained no injury. Your coworker's behavior should be unacceptable to anyone. It is obvious that your supervisor does not have a "zero-tolerance" for such behavior. By definition,... 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

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Covid-19 time extension for Worker's Compensation Illinois.

Does anyone know if when Covid 19 started the U.S. lock down that there were exceptions, extensions, etc. for filing late worker's compensation claims in Illinois?

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

To the best of my knowledge, no statute of limitations was extended as a result of the pandemic. If the three-year SOL for filing your claim ran during the last two weeks of March when the Commission was closed, you would have a strong argument for being able to timely file your claim on April 1,... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can this information help someone create an Illinois worker's compensation case way past the 3 year deadline?

I looked through my medical records and I did find one progress note that does say specifically that my symptoms, and the symptoms were specified, were due to an accident at work. The biggest problem is the progress note says that began in 03/2018 when my symptoms first appeared in 11/2017 and an... View More

Charles Candiano
Charles Candiano
answered on Dec 6, 2023

On your facts, there is nothing that can be done. The ONLY way to extend the statute of limitations for work injury beyond three years is to receive "compensation" (usually in the form of medical benefits) from an employer-sponsored group health insurance program within two years of... View More

1 Answer | Asked in Family Law, Personal Injury, Tax Law and Workers' Compensation for Illinois on
Q: if someone else put my daughter as a household memebr when she is not she was mine and have given me stipulations on get

on getting my child back what can i do in order to get this fraud behavior to stop

Cheryl Powell
Cheryl Powell
answered on Oct 1, 2023

Do you have a court order between you and the other parent that gives you custody or parenting time? Who is this person whose household she has joined? How old is this child? Have you filed a police report? There are a lot of issues here.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should i get a workers comp lawyer. I hurt my wrist at work and i feel like im getting railroaded.

I hurt my wrist at work on july 23rd ive been doing everything they have asked going to the caterpillar drs. They finally sent me for an mri last week and today i had an appointment at osf orthopedic and the dr there said i have tendonitis and is referring me to rehab with a follow up in 6 weeks. I... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 7, 2023

Yes, you should contact an attorney ASAP to protect your rights. If you're being railroaded, there's no better way to derail the train than to have a good attorney behind you.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was 17 not sposed to be working in fryers and they had me clean the frying pan keep in mind no protection gloveavaible

When I pulled the pan out it was full of grease and fried my whole hand and half of my arm the did not report this to the police or anything can anything be done?

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2023

You should contact a lawyer about filing a workers' compensation claim right away. This is not a situation that would normally be reported to the police.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I have a Workman's Compensation Settlement being processed. If I pass away, will my spouse then receive it?

I'm waiting to receive money from a Workman's Compensation Settlement. If I were to pass away before I actually receive the money, does my spouse still get it?

Charles Candiano
Charles Candiano
answered on Jul 5, 2022

It depends upon what you mean by "being processed." If you have entered into a settlement agreement and that settlement agreement was approved by an arbitrator or a Commissioner, it must be paid within 30 days and is usually paid in 10 days or less. If you should die before you received... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I don’t know if it’s worth it my finger ring finger got smashed at work broken tip I had surgery and pins put in thank

Pins are currently out hand swollen

Charles Candiano
Charles Candiano
answered on Jun 15, 2022

I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... View More

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... View 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... View 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... View 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... View 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... View 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... View 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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