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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: Workmans comp settlement offer

L was offered a settlement offer for a workmans comp injury, the attorney for the insurance comp. sent the offer to my attorney and l accepted the amount,then they sent the settlememt contract & a release & resignation form for me to sign, they want me to sign it before the settlement is... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Jan 31, 2013

Each case is different but I normally counsel clients not to sign any other release when handling comp case. However, you may be getting additional consideration for resigning I don't know. Only you and your attorney know the facts of your case and the reasoning for same. You should have a... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you had a injury at work but don't need surgery do you still get a settlement?
Timothy J. Deffet
Timothy J. Deffet
answered on Jan 31, 2013

It depends on whether you can prove the case or not but surgery is not necessary by itself to have a settlement. You never have to get ANY treatment you do not want to get. It is important to note that if you settle your case you usually close out your right to future medical though unless medical... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should I still be legally working if I have found out that my employer doesnt have Workmans Comp Insurance?
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

Do you mean should you continue to work? You can check on your employer's insurance status on the IWCC page on insurance at http://www.iwcc.il.gov/insurance.htm. This can answer many questions you have. If you are injured you may still proceed with a case. Whether you want to stay is up to... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If my company files for bankruptcy, are they still obligated to pay me workers' compensation benefits?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 22, 2012

Some companies are self-insured and may become bankrupt. Also, some companies are insured by a work comp insurance company. Normally speaking, there are some protections like the Illinois Guaranty Fund which can step in if insurance and employer are not solvent. You should contact an Illinois work... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: An employee was hit by an forklift while crossing the aisle way. Person hit was looking in the opposite direction.

There was another forklift turning at the intersection, so the employee waited for the truck to clear and he started walking. He did not see the other truck speeding through the intersection and he monentarly looked in the opposite direction several feet into the intersection. The lift truck slid... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

I am not quite sure if you are speaking of only employees who have injured each other. In Illinois if you are an employee and are injured by a non-employee (here maybe another truck driving through an intersection-not clear) then you could possibly have a work comp case against your employer if you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do all workers compensation adjuster working out of state handling Michigan claims, need to have a MI adjuster license.
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

That is an interesting question. Adjusters can be from several different states and still negotiate a file. They are not like lawyers who must be licensed in the state they practice. A good place to look for information on workers' compensation cases that arise from IL is the IWCC website. Or... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My case settled after several appeals. I was awarded lifetime medical, can they still appeal? from 05?

I am still waiting to recieve my insurance card? they have yet to pay back all the scripts I have paid out, I can't believe this is still going on

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

In some instances an employer can file an appeal or hearing based on a change in circumstances in your treatment even though you may have been awarded lifetime benefits. Also, appeals can be very lengthy and last years. It is difficult to tell from your post. I would look at the IWCC website and... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: How are worker's comp levels rated? I keep seeing people saying they're level 2 or level 3, what does that mean?
Burton A. Padove
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answered on Jul 18, 2011

As far as I know, that number applies to the number of dependents as disability levels are based on percentages as opposed to an indication based ona numeric value.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I currently have an open work comp claim, is there a standard amount they normally pay for carpel tunnel?
Burton A. Padove
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answered on May 19, 2011

The amount paid is partially due to a diability rating as well as your prior earnings history.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take the workers comp industrial commision to make a decision on a case
Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 2, 2011

Once the case is presented to the arbitrator and the proofs are submitted for consideration, the arbitrator's decision should be submitted within 30-60 days. The decision of the arbitrator in the Industrial Commission can be appealed.

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