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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: Husbands been on Workmen's Comp since 1978, needs additional surgery recommended by Doctor.

Can workmen's comp deny surgery?

Charles Candiano
Charles Candiano answered on Dec 21, 2018

Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If I qualify for workers' comp benefits for a work injury, how do they get paid out?
James G. Ahlberg
James G. Ahlberg answered on Dec 4, 2018

It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I do piece work - can I still file a claim?
Charles Candiano
Charles Candiano answered on Nov 12, 2018

Absolutely. Sooner rather than later.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I hurt back at work reported it to boss. Went to doctor but used my insurance. Since I have also went to ER what do I do

Doctors X-rays said inflammation arthritis 2 days off work then 6 days back to work landed me in ER cat scan showed 2 bulging discs. Boss has told me take as much time as needed and he can always find something for me to do at work. I have given my personal insurance for doctors and Er visits, not... Read more »

Charles Candiano
Charles Candiano answered on Nov 12, 2018

This is why you need an experienced Workers' Compensation attorney. You are entitled to be paid for every day you cannot work due to your injury or you earn less money because of restrictions. Back injuries are among the most debilitating. No matter what your boss says, if you need surgery... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If a court finds that my workers' comp benefits were improperly calculated, could I have to repay some of them to my

employer?

Charles Candiano
Charles Candiano answered on Nov 5, 2018

Workers' Compensation questions are before the Workers' Compensation Commission. YES, if you were overpaid, you can owe money. If this is the case, it is usually learned early-on. In that case, it can be deducted from the permanency. Discuss your claim with an experienced attorney in... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight

momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2018

A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Are all employers, no matter how small the organization required to carry workers' comp insurance?
Charles Candiano
Charles Candiano answered on Sep 26, 2018

Yes. The only exception is for owners. They are allowed to opt out. I choose to cover myself along with employees.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Looking for attorneys who is able represent my “out of state workers compensation case” on GUAM. No need for travel.

Currently residing in Okawville Illinois since accident and continuing medical care since 2016

T. J. Jesky
T. J. Jesky answered on Sep 11, 2018

Let me suggest you contact the Guam Bar Association. Website: https://guambar.org/

According to their website, they can make a referral for you. Their website says that they have 5 attorneys who specialize in Workers Compensation cases.

3 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: computer chair flipped me out onto the floor causing severe back pain, besides wc is this personal injury or on company

Work as a lpn .. old worn chair, company threw out after my fall, keep asking me to return to work

Tim Akpinar
Tim Akpinar answered on Sep 9, 2018

It looks like you already identified the workers’ comp element in this matter. I don’t practice in Illinois, but if you were injured and are exploring your rights outside of workers’ comp, consult with an Illinois personal injury/product liability attorney regarding third-party cause(s) of... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does one get 100% of their salary while on Workers Comp?
James G. Ahlberg
James G. Ahlberg answered on Sep 2, 2018

Generally, a person gets 2/3 of their average weekly wage earned in the 52 weeks before the week in which the injury occurred while they are recovering from their injury, and 60% of their average weekly wage for each week of compensation they are entitled to for the permanent consequences of the... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: how does illinois figure out what your workman comp payments will be, do they go by how much you made that year?

plus my husband needs surgery to his groin, because of getting hurt at work.

Charles Candiano
Charles Candiano answered on Aug 16, 2018

If your husband is paid hourly, add the hours he worked in the 52 weeks before he was hurt and divide by the number of weeks he actually worked. That number is multiplied x his hourly rate to get his average weekly wage (AWW). His weekly benefit (TTD) is the AWW x .6667.

Hernia injuries...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Workmans comp case approved for a year now but there is withheld disease out of the medical history. What do you

Right knee injury torn meniscus but there is intense swelling and pain but the disease is lyme disease

James G. Ahlberg
James G. Ahlberg answered on Aug 14, 2018

The impact of a disease on a workers' compensation injury can be complicated. Make sure the attorney handling your comp case is fully aware of the situation so he can handle it properly. If you don't have an attorney, you need to get one as quickly as possible.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: My husband is in the hospital with injuries - it's okay if I report it to

his boss and not him, right? Does that count as notifying them?

James G. Ahlberg
James G. Ahlberg answered on Aug 13, 2018

Yes, it does. It is even better if you notify them via email or some other way that lets you prove later that you told them about the injury. They need to know (a)he's injured, (b)the general nature of his injury, (c)when it happened and (d)how his injury is connected to his work.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I have an open case since last aug. As of June 26 I have been told my case is on hold because the company is selling.

Can they do that and is it too late for me to switch lawyers

James G. Ahlberg
James G. Ahlberg answered on Jul 17, 2018

What you're probably running into is the normal confusion surrounding the sale of a business. It should make no overall difference to your case. If your employer had workers' compensation insurance in effect on the date of your accident, that insurance company continues to be responsible... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I countered to a workers comp proposal. It has been 1.5 months sense that counter.

When should I expect a counter from them? I saw some documentation that I shouldn't have seen and informed workers comp adjusters to this. Which reflected her offer was $7000.00 less than what it should have been based on the information I shouldn't have seen. Will she counter the offer... Read more »

Steve McCann
Steve McCann answered on Jul 10, 2018

You may never receive a counter, as you will never be taken seriously unless you are represented by an attorney. This is a common tactic used by adjusters I see all the time when dealing with unrepresented parties. Do yourself a favor, and hire an attorney immediately. Do not make another... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If workers comp offered me settlement, I countered, 2 months have gone by with no response , should I reach out?

I countered because I know what the offer should have been at a min due to info I shouldn't have seen between HR and the workers comp rep. Why such the delay in the counter when I informed them I know what the offer should have been as I saw that info.

Steve McCann
Steve McCann answered on Jul 9, 2018

You are being taken advantage of because you are not represented by an attorney. This is commonplace for unrepresented parties. As such, I recommend organizing all information relevant to this matter, and consulting with a worker's compensation attorney immediately. Many of us offer free... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Do you still receive weekly work comp checks after you return to work on light duty? I have no use of right hand and

Am sitting at work my 8hr shift doing nothing.

James G. Ahlberg
James G. Ahlberg answered on Jul 6, 2018

If you are being paid what you were earning before the injury, probably not. On the other hand, an employer is not supposed to call you back to a non-existent job (such as paying you to sit and do nothing). Talk to your lawyer. If you don't have a lawyer, get one.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can a file a workers' compensation claim for psychological damage caused by my former employer?
James G. Ahlberg
James G. Ahlberg answered on Jul 5, 2018

There are far too many variables in psychiatric cases to even attempt an answer to your question in this forum. It makes a difference whether you suffered a physical injury which is somehow connected with the psychiatric injury for example. You need to schedule an appointment with a competent... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Is Work Comp settlement cases public record in Illinois? Is so were do I find these records?

My county of Rock Island, were the case was tried, said they keep Criminal and Civil Settalment files but not Work Comp Settlement files

James G. Ahlberg
James G. Ahlberg answered on Jun 14, 2018

Workers' compensations are a public record. You'll need to go through the Illinois Workers' Compensation Commission website. If you had an attorney, ask your attorney for a copy.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: can I sue my boss for work comp I fell on the job in the pool area slip on water went to er nothing broke just bruised

ex boss doesn't have any protcol for work comp

Steve McCann
Steve McCann answered on Jun 11, 2018

It is possible, but the viability of your claims are dependent on very specific facts that are not provided, such as the nature of the fall, if warnings were present, and the knowledge of your employer to name a few. That said, I recommend organizing everything in your possession related to this... Read more »

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