Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: I was injured Nov 21,2016. At my employeer we receive our vacation on our 1 year Anniversary. I've been employeed with

Them for 9 years as of Jan 14, 2017. They are refusing to pay my vacation pay because I've been out and on Workers Comp. Can they legally do this?

Steve McCann
Steve McCann
answered on Jan 18, 2017

The answer to your question depends on specific language in your employment contract, but based on the limited facts provided, you may have a case. Are you represented by an attorney? If so, I would recommend directing all of your questions to the attorney assisting you with the worker's... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do you have to be a full-time employee somewhere to file for workers' comp if you're injured?
Steve McCann
Steve McCann
answered on Jan 15, 2017

No. If you are contemplating filing a workers' comp claim, it is certainly in your best interest to consult and hire an attorney prior to doing so. Illinois workers' comp attorneys work on a contingent basis, and many of us offer free consultations, so it will not cost you anything out... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do seasonal workers/employees qualify for workers' compensation if they are injured on the job?
Steve McCann
Steve McCann
answered on Dec 21, 2016

It depends on the company the seasonal employee is working for, and their relationship with that company. Did you file a report with the company outlining your injuries and the circumstances leading up to your injury? If not, do so immediately. I would recommend organizing all information you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: can works comp send a person to go with you to your doctors appointment!!!

I got hurt but I didn't told my work until I notice that It was hard to move my fingers and wrists, start having lots of pain, it has been almost two months my doctor has helped me and the pain is going away, till now is when I got a call from works comp after a month and a half, saying that... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

You need to talk to a lawyer yesterday. In some states they can't send someone if they are paying. If they aren't paying not sure what their involvement is. Talk to a member of the Illinois Trial Lawyers Assn in your area who handles workers comp--they give free consultations.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for Illinois on
Q: Worker's Comp refused to pay for the FCE now what?

Hello I live in the state of Illinois. I hurt my back in March of 2016 due to a work related injury. Its now almost 9 months later and I'm still experiencing some pain. I have had epidural steroid injection, physical therapy and plus 4 weeks of work hardening therapy program. I have also been... View More

Steve McCann
Steve McCann
answered on Nov 19, 2016

All questions should be directed to your attorney. If you are not fully satisfied with your current representation, consider hiring new counsel, as it may be a very long road ahead.

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Why would Worker's Comp refused to pay for an FCE even though my Dr. asked for it??

I hurt my back in March 2016. Its now 8 months later and I'm still experiencing some pain. I have had epidural shots, physical therapy and just completed 4 weeks of a work hardening therapy program. My dr. ordered an FCE to be done before my next visit in 2weeks. Everything was schedule and... View More

Steve McCann
Steve McCann
answered on Nov 10, 2016

You should hire an attorney immediately. This is unfortunately a very common occurrence when claimants are not represented by counsel, the insurance company attempts to take advantage of you. It is certainly in your best interest to have an attorney represent you in these situations, as there are... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long after a claim does the insurance company/employer have to deny the claim?

I filed a claim and have had surgeries and am in a rehabilitation facility for almost a month now. I have been receiving pay from the insurance company every two weeks, but I am wondering what the time limit is for them to officially approve or deny the claim.

Is it a good sign that they... View More

Steve McCann
Steve McCann
answered on Nov 7, 2016

The answer as to how long the insurance company has to officially approve or deny your claim is that it depends. If the claim was not filed properly, they can wait until after the statute of limitations has run to deny your claim. It is not necessarily a good sign that they have been paying for... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I went on worker's comp in 2012. I've got married and had 2 children since. Should mt ttd rate went up for each instanc
Steve McCann
Steve McCann
answered on Oct 25, 2016

Do you have any attorney representing you in this case? If you do not, you absolutely should. A knowledgeable attorney will be able to answer all of your questions, as they are fact specific and highly technical. It will save you time, stress, and money in the long run.

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: My husband is having a surgery soon that Workmans comp approved, however we have heard nothing about TTD pay?

I'm under the impression that they have to pay him throughout his recovery. Is that right?

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Oct 7, 2016

You are referring to TTD or temporary total disability payments while your husband is temporarily impaired from performing his tasks due to his employment related injury. Under Illinois law, TTD provides for two-thirds of the employees average weekly wage when a physician deems him or her unable to... View More

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: employer w/injured worker. Worker wants to perform beyond dr restrictions. is this ok? What would be our obligation?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 9, 2016

I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full... View More

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Illinois on
Q: My TTDs were stopped. Can the insurance company stop them whenever they want or is there a procedure they must follow?

Doesn't the arbitrator assigned to my case have to approve?

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Aug 24, 2016

Unfortunately, insurance companies can terminate temporary total disability (TTD) payments when they have information that you are no longer temporarily disabled or your employer is able to accommodate restrictions placed on you by your physicians.

In some situations, insurance companies...
View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I claim Workmans Comp if involved in an car accident on company grounds prior to my shift starting?

Was involved in a car accident with another employee prior to the start of shift with USPS. Accident occurred on the property of the USPS and Police determine that I was not at fault.

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Aug 23, 2016

The answer to your question will have a lot to do with the control which your employer had over the situation. For example, did your employer require you to park in a specific area? Even if your case is not compensable under workers compensation law, you can likely pursue a claim against your... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: what happens if I receive a bill that should have been paid by illinois workmen's compensation after the case is closed?

I received a letter from a bill collector after 10 months of the case being settled. I do not remember the creditor, but I do remember the doctor that performed the procedure. The bill should have been paid when the case was settled. My attorney is the one that brought my attention to this doctor.... View More

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Aug 23, 2016

You should look the terms of your settlement contract. This will likely address who is responsible for past and future medical bills. If you were represented by a lawyer in the case, you may want to ask him or her about what can be done with the bill. Good luck.

2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Q: My husband was electrocuted and died on the job.

I feel the workplace was unsafe. Do I sue his employer or the subcontractor who maintained the space?

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.

Generally you can't sue the employer if...
View More

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?

He worked for the railroad for 35 years.

Andrew L. Hughes
Andrew L. Hughes
answered on Apr 15, 2016

Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act... View More

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Illinois on
Q: Can employer make injured person wait one whole year for back surgery?

Surgery was little help due to the long wait & employer still controling medical treatment. No compensation received yet!!

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2016

Worker's compensation is a specialized field. Most worker's compensation attorneys will provide you with a free consultation to discuss your rights and remedies. Worker's compensation has its own rules, regulations, and procedures that are quite different than the typical personal... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My employer refuses to appear for court. How can I get a judgement against them?

1st missed date was 8-20-2015. 2nd date was 10-26-2015. 3rd was 10-29-2015. My lawyer won't push the issue. I was hurt on 10-24 2013 and have been to both company and IDE doctors who recommend surgery. I can't go back to work until then, and they are starving me out. Is there anyway to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

If they miss the trial they can, I would think, be defaulted and judgment entered against them. Did they have excuses for missing the trial dates.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: How does work comp know how much you are disabled after surgery?
Timothy J. Deffet
Timothy J. Deffet
answered on Mar 18, 2013

This is a complicated question. If you are asking in IL how much you will be considered disabled under the law there are many factors. A seasoned attorney will review all your medical records, educational background, job, age and numerous other factors to try to negotiate a fair settlement for you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I am in the process of a settlement and my Workers Comp company is saying they are insolvent. What does that mean for me
Timothy J. Deffet
Timothy J. Deffet
answered on Mar 18, 2013

If you have an IL claim you should contact and IL attorney right away as this is too complicated to be answered in one posting. This is taken from the IWCC website:http://www.iwcc.il.gov/insurance.htm

"What happens if an insurer goes bankrupt?

If an insurance company or a group...
View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Was my settlement fair? I was told I didn't need an lawyer unless I planned to sue.

I had my right dominant arm injured on the job.(Trying to stand a crate of marble into an elevator. Crate + arm + wall = Tennis elbow and Radial nerve entrapment)

I did therapy for 15 months for Tennis Elbow, in which I tried to return to work twice. I was unable to perform my job. My arm... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Feb 4, 2013

It is extremely difficult to give you a straight answer because a lawyer needs to review all your medical records, bills, wage, doctors at issue, whether your employer sent you to a fair "IME" which is really a Section 12 DEFENSE doctor exam in Illinois.

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.