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Illinois Workers' Compensation Questions & Answers
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 »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should I talk to a lawyer first before talking to the nurse at work about my workers comp which she is in charge of

I’m wanting to seek a lawyer because my leg was broken by a faulty robotic train which hit my train and jackknifed into my leg crushing it and causing multiple breaks and a compound fracture which I was also sent to the hospital in a cab and i work at John Deere as well

Steve McCann
Steve McCann answered on Jun 3, 2018

I am terribly sorry to hear this. Yes, you should absolutely talk with a lawyer, and you should do so as soon as possible. Do not make any recorded or written statements until you speak with an experienced attorney. Your injuries are very serious, and you need an attorney to ensure you take the... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do all companies have to provide workers compensation for employees who are injured at work?
James G. Ahlberg
James G. Ahlberg answered on Jun 1, 2018

As a practical matter, yes. For example, although I have only one employee I am required to carry workers' compensation insurance for her. Small family farms with a very limited number of employees are the only exception to the requirement of having workers' compensation insurance that comes to... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: Hey I had an injury from I was off for a week and a half am I due a settlement

They paid me for the week I was off but didn’t offer me a settlement

James G. Ahlberg
James G. Ahlberg answered on May 30, 2018

Without knowing the nature of your injury and the extent of your disability (if any) resulting from the injury, there is no way to answer your question. Also, as a general rule workers' compensation insurers do not voluntarily make offers to settle cases unless an attorney is negotiating for you. I... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: insurance adjuster denied my workers comp claim then he is offering a 5k settlement ? what he is aiming to?

I am in Illinois, back injuries are on MRI from overseas, No lawyer accepting my case

James G. Ahlberg
James G. Ahlberg answered on May 12, 2018

He's aiming to eliminate the risk that you may find a lawyer to take the case who might be able to get you a larger settlement or award. Also, by settling with you he reduces his attorney fees to almost nothing and won't have to pay medical bills. It's called a "nuisance value" settlement, though... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Broke my finger and had neck and back pain from a on the job vehicle accident. No approval or denial after 5 months?

After 5 months my lawyer says my case is still pending and I've yet to receive and salary compensation. I received a letter that was sent to the at fault persons insurance from my employer stating that they have paid me benefits and a lien will be placed on any settlement..that's fine except they... Read more »

James G. Ahlberg
James G. Ahlberg answered on May 10, 2018

Five months is longer than it should take for a WC insurer to accept or deny whether a case is compensable, especially a case involving a motor vehicle accident (unless there is a question as to whether the accident arose out and in the course of your employment). The letter sent to the other... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I have a lower back pain , stuggle from driving van, repairing heavey equipment. MRI shows bad signs in backbones

workers comp examiner denied my claim simply I have no doctor in USA to state that back injuries are due to nature of work? Employer terminated me when I filed claim with worker compensation. no job no insurance no doctor even to accept self pay patient to prove my case

James G. Ahlberg
James G. Ahlberg answered on Apr 27, 2018

If you're still working or able to work you are not eligible for Social Security disability, On the other hand, if your doctor agrees your work is one of the causes of your physical problems, tell your employer about your injury and how and when it occurred, then see a lawyer practicing in the... Read more »

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1 Answer | Asked in Workers' Compensation and Public Benefits for Illinois on
Q: I hurt my back and received a settlement,my back issues came back, will my Medicaid insurance pay for my treatment?
Charles Candiano
Charles Candiano answered on Apr 16, 2018

Medicaid will Absolutely pay for any needed care through a Medicaid provider. If you had been represented by a competent attorney, initially, You would have recovered much more money or kept the medical open for the rest of your life.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I got hurt at work and ended up needing microdiscectomy back surgery. Workers comp has been paying all the bills

And sending me my checks. But I was just wondering. Once I get cleared from my Dr to return to work without restrictions, am I eligible for a settlement? I was told I'm pretty much guaranteed a settlement once I'm cleared but others have told me I only get a settlement if I can't get cleared to do... Read more »

Charles Candiano
Charles Candiano answered on Mar 28, 2018

You are absolutely entitled to money but the insurance company has ABSOLUTELY NO OBLIGATION to OFFER it. It you cannot return to your former work and must accept a lower-paying job, you have a right to force the insurance company to pay you the difference between what you were earning and what you... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: In my settlement case my attorney asked me how much I wanted.. I told him $8,000..a settlement agreement was wrote up..

The attorney added his fee to increase the settlement offer.... On the paper the medical cost were blank.... But said in writing on the paper that medical cost would come to 2,800 and be paid out of the settlement.... Now my question is.. The attorney said that medical cost will come out of my... Read more »

Charles Candiano
Charles Candiano answered on Mar 27, 2018

There is more wrong than right. Unless you have extensive familiarity with Workers' Compensation (WC), you couldn't possibly know what your case is worth. Isn't that one reason why you hired the attorney - to tell you what the claim is worth. WC claims are NOT valued in dollars. They are valued... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: On workers comp. for 2yr and 9mo. Released to go back to work, but the company has closed. Can I collect unemployment?.

My FCE was also lowered to moderate duty. Job requirements 100lbs lifting.

James G. Ahlberg
James G. Ahlberg answered on Mar 19, 2018

Probably.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: My workmans comp insurance stopped paying for my physical therapy. My own doctor says I need more. It's a torn Achilles

I had surgery for the torn Achilles tendon, and when therapy began it was fine at first, then became sporadic, due to the insurance not approving it on time, and being unavailable when I called & left messages, and my calls were never returned. After I got approval to return to work, they ignored... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 7, 2018

It sounds like you don't have a lawyer. Seriously, find a lawyer who practices in the field of workers' compensation immediately. He or she will run interference for you with the insurance company and may well be able to get them to approve your therapy. Even if not, he or she will know how to... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: How long does it take to get w/c settlement check after signed by arbitrator? They signed it onfeb 6.
Charles Candiano
Charles Candiano answered on Mar 5, 2018

Your attorney will receive the check within 30 days (often 2 weeks) UNLESS you work for the County or CPS or some other entity that requires Board approval. e.g. It can take up to 12 weeks to get checks for employees of Cook County. Ask your attorney.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Are we required to bring x-rays, images & medical reports to an IME, if our insurance paid for them. Can IME keep them?

My wife was injured at work in 2017 and it was a workers comp issue. Over the last 2 months pain (from pinched nerve in neck) came back and cannot work. We are in the process of trying to reopen claim which is why IME is needed.

Charles Candiano
Charles Candiano answered on Feb 27, 2018

You should bring them if you have them. They will NOT keep them. Your wife really NEEDS an attorney to represent her.

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...
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1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: We(employer) had a worker make an awkward movement but not fall. What should we do to protect our interests?

We had an employee make an awkward movement, but not fall, before a job was to commence at a client site. Kind of caught himself. He hasn't requested time off and doesn't want to file a workers' comp claim at this time. He went to a walk-in clinic after work twice over the past 8 days and it hasn't... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 21, 2018

When in doubt, contact your workers' compensation insurance carrier and follow their advice. They'll have their own form for you to fill out, and if there is any lost time there is a government form they'll direct you to as well. Just a footnote: keep notes of the date, time and the conversation... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I heard that workers' comp is a 'no fault' system in Arizona. What does this mean?
James G. Ahlberg
James G. Ahlberg answered on Feb 15, 2018

The Illinois workers' comp is also no fault. Broadly speaking, it means an employer cannot use an employee's negligence or carelessness as a defense to a workers' compensation case. There are rare exceptions, such as an employee who gets injured as the aggressor in a fight with another employee, an... Read more »

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