Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I'm still being treated by a doctor. I have 2 herniated discs in my lower back, with bad sciatica, and I may need surgery.
answered on Feb 12, 2018
The fact that the insurance company tells you they've closed your file is meaningless. That message is used at times in the hope an injured party will think it affects the actual claim. It doesn't -- if they closed your file they can reopen it just as easily.
If you're still... View More 
answered on Feb 7, 2018
Your question belies a misunderstanding of the process. What is the penalty for driving 80 mph in a 50 mph zone WHEN YOU KNOW IT IS NOT PATROLLED. Your not having an attorney creates the same situation. There is nobody to force the insurance company to pay. Hire an experienced Workers'... View More
We hired security for New Years and he began to use excessive force on an intoxicated guest who was not even fighting back and he pushed him into a wall. As he was pushing him in the guest went to shield his face and broke his nose. He is an officer who has many complaints again him including using... View More
answered on Feb 1, 2018
To those of us who are unfamiliar with the facts, your frequent use of the words "he" and "his" without clarifying who is being referred to each time makes this a confusing question. It's hard to tell if each use of the words refers to the guard or to the guest. I'm... View More
My attorney, myself, and employers attorney signed settlement contract. Although I signed November 21, 2017 it was then sent to employer attorney who sat on it until December 26, 2017. The case was dismissed November 13, 2017 so my attorney filed to reinstate it just to be on the safe side. A new... View More
answered on Feb 1, 2018
You need to understand the strategy. Your attorney could have simply had the contracts approved in January. It was prudent to file the Motion to Reinstate because that MUST be done within 60 days to resurrect the case. The fact that he filed the Motion to Reinstate, DOES NOT PREVENT HIM FROM... View More
It's not light duty. I work my 8 hours and do my job without restrictions. I was hired for 8 hours. Can they do this? I was already made to work 16 once because of a call in.
answered on Jan 24, 2018
Assuming you are asking about an Illinois workers' compensation case, you cannot be "made to work" 16 hours. The employer's nurse has no power to override your doctor's restrictions. On the other hand, you do not want to be fired for insubordination for refusing to work.... View More
I'm unsure which WC law would benefit me best. I suffered a herniated lumbersacal disc with ridiculapathy and I will need surgery.
answered on Jan 23, 2018
Find a workers' compensation lawyer in Illinois and ask him or her to compare the benefits in the two states for your particular injury,
answered on Jan 22, 2018
Workers' Compensation attorneys typically carry a very heavy caseload and often find that they must prioritize return calls. The LAST call to be returned will be the message that reads "Please call Mary Smith." Leave a more meaningful question like "Where do I send this... View More
which was turned down. Can I receive the missed benefits in my settlement? I do have an attorney who is not communicating with me, I can only speak with the clerk who answers the phone.
answered on Jan 22, 2018
You stated you have an attorney, thus your question should be directed to your attorney. You should call and demand that you speak with them personally. If you are dissatisfied with the attorney, you are always free to terminate their services and hire a new one. I wish you the best.
Have been injured since June 2017 and this has not been brought up once from their side. How can I go ahead and make sure this is taken care of and can they deny it.
answered on Jan 20, 2018
As a general rule, the workers' compensation insurer is not obligated to pay for mileage to and from treating doctors, physical therapy, and so on if the trips are relatively short. If your doctor refers you to someone far away such as the Mayo Clinic, on the other hand, the insurer can be... View More
I'm a licensed psychologist in a group. I was told by the practice owner to either form my own LLC or to purchase a workers comp policy. I am clearly an independent contractor rather than an employee. Is this legal? Thanks.
answered on Jan 17, 2018
As an independent contractor, do you have any employees? If not, the only person the policy will protect is you, and then only if you insist on a rider covering yourself. The situation sounds strange, but their insistence that you have a policy isn't illegal.
The employee is on light duty and we have been accommodating his restrictions. He made a credible threat to another employee with customers and other employees as witnesses. If we terminate, will we be responsible for lost time since he is on light duty?
answered on Jan 15, 2018
There are two questions: 1.) Am I justified in firing an employee who makes threats to harm co-workers; and 2.) Does termination "for cause" justify terminating WC benefits. The first question requires more explication but probably. The second question is ABSOLUTELY NOT. Even if you... View More
answered on Jan 12, 2018
It means what it says. One of the litigants moved(asked) the Commission to do something and then later changed their mind and withdrew the request.
To go go back and have a disability percentage evaualtion done so we can do a settlement. Should I go and get my own attorney before doing this or not?
answered on Jan 11, 2018
Yes, you should absolutely get your own attorney prior to accepting any form of settlement, and that is for a multitude of reasons. First, a knowledgeable attorney will review all of the information surrounding your injuries, and will provide you with a fair valuation of your case. Second, an... View More
answered on Jan 11, 2018
Yes and no. Technically, there are no liens on Workers' Compensation claims. That said, at attorney CAN file a FEE PETITION with the IWCC if you fired him. An attorney is generally entitled to quantum meruit (compensation for time spent on the file) and any costs incurred such as medical... View More
I have asked for xray at last three appts with primary surgeon. Should I return so denial is documented by case worker?
answered on Jan 10, 2018
It sounds like x-rays were taken in connection with the second opinion. Has your treating surgeon seen the second opinion? Can you get a copy of the x-rays from the second opinion and show them to your treating surgeon at your next appointment?
With surgery through my insurance wait for my lawyer to go through court etc?
answered on Jan 10, 2018
It sounds like you already have a lawyer working on this case. If you trust your lawyer, follow his or her advice; if you don't trust your lawyer, get a new one. Either way you're better off asking your lawyer this question rather than relying on a bunch of strangers on the Internet. He... View More
He said he injured himself on the job. I believe he fabricated the injury.
he was before his injury, which is standard for his job. Now costing us $ out of our pocket to use his personal car for work purposes. They continue to blow him off on this. What rights does he have in regards to this situation?
Also-we keep hearing about a settlement from friends. Will we... View More
answered on Jan 5, 2018
The odds your husband will be offered a settlement without having him actively pursue it through a lawyer are roughly one in a thousand. In other words, he should contact a lawyer who regularly practices in the field of workers' compensation as quickly as possible.
As far as the work... View More
Its a community voluntary service and I feel that they are doing this so they don't continue to pay me my weekly benefits. Especially if they know I have restrictions and my employer has no work for me with my restrictions.. please help
answered on Jan 3, 2018
So long as the Community Service is within your restrictions, they CAN make you go or terminate your benefits.
In regards to a workplace injury, is there anything cited that doctor visits, MRI appointments, physical therapy, etc with a workers' compensation case that places a work on "light duty". What Illinois or Federal mandate states this information?
answered on Jan 3, 2018
You would want to get a free consult from a member of the Illinois Trial Lawyers Assn but generally they don't have to limit exams to work hours.
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