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I returned to work, but I am wondering if I am entitled to a settlement with Work comp?
answered on Jan 3, 2018
Contact a member of the Ill Trial Lawyers Assn who handles comp & crashes--they give free consults.
Generally you get a lump sum when you have a longstanding serioius problem that you are resolving.
If the crash was the other persons fault you have a claim there. You may also... View More 
My lawyer contacted me late in November of 2017 and TOLD me that I needed to sign the settlement contract and return it to him ASAP as the WC insurance will withdraw their settlement offer if I don't sign it by end of December 2017. This was told it to me verbally once, however, never... View More
answered on Dec 26, 2017
Insurance companies can and do make offers which expire if not accepted by a certain date. While you might feel better if your attorney told you about the deadline in writing, it is still effective and important if communicated orally. Obviously you understood it or you wouldn't be asking your... View More
Doctor is recommending to continue physical therapy and to check back with him after 6 to 8 weeks. Workers Comp is on their own agenda and pretty much rushing the situation when I am physically not ready to go back to my job.
answered on Dec 13, 2017
If you are not physically ready to go back to your job, you should not be rushed back to work. I would take this matter up with your attorney immediately, as you have a few different options. If you do not have an attorney, I recommend you hire one immediately. You will not be taken seriously... View More
Family member of a family business has been injured many times over the years. ( 2 foot operations, for the operations hip surgery to name a few. They were never turned in to work comp. Now that same person is having to have knee replacement and other procedures because of those accidents. Who’s... View More
answered on Dec 10, 2017
I'm not sure what you mean when you say the injuries "were never turned in to work comp."
Do you mean a workers' compensation claim was never filed with the Illinois Workers' Compensation Commission? Doing that is the responsibility of the injured employee.... View More
The company nurse referred me to the occupational health department at the hospital. I was given x-rays, diagnosed with an ankle sprain, and given an air cast. The claim management company has denied the claim and will not cover the cost of the doctor visit or the cost of the air cast because I... View More
answered on Dec 10, 2017
If there was nothing about the circumstance of your injury causing risk of injury to have been increased by the employment, they may be right. However, increased risk of injury is a tricky thing -- water or a loose floor tile such as you mention are only a couple of them. Were you stretching to get... View More
Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.
answered on Dec 10, 2017
No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's... View More
answered on Dec 8, 2017
It depends on the deadline imposed in the letter itself. Thus, I would recommend asking your attorney. If you do not have an attorney, the demand letter will likely not be taken seriously, and you should consult with an attorney immediately.
Was rear ended while working, saw a chiropractor & advised him it was a WC injury. 3 weeks into treatments he said he refused to file the bills through WC and I should find a new chiropractor. I just got a nearly $1k bill for the services he rendered with the knowledge of WC status. Am I liable... View More
answered on Nov 30, 2017
Ultimately, YOU are responsible. Hire an experienced Workers' Compensation (WC) attorney. He will get it paid.
WHENEVER you sustain an orthopaedic injury, always go to an orthopaedic doctor to have him make a diagnosis and coordinate your care. Their opinion will be far more... View More
answered on Nov 30, 2017
Usually 2 weeks. The Commission is flexible if more time is requested.
answered on Nov 30, 2017
Discuss with your attorney. There should be no issue provided you give notice to your employer but DISCUSS with your attorney first.
If you do not have an attorney, you may or may not get a settlement and if you do, it will be much less than if you had counsel.
In a workers comp case can you sue an IME doctor that releases you to full duty when your surgeon has you on restrictions and you re-injure yourself?
answered on Nov 29, 2017
NO. That said, the reinjury is COMPLETELY COVERED by Workers' Compensation. If you had an attorney, you would not be in this position. Hire an experienced Workers' Compensation attorney ASAP.
My friend had a stroke at work he was working near a reactor which was really hot?
answered on Nov 29, 2017
YES, as long as his doctor is willing to testify that the excessive heat CONTRIBUTED to the stroke.
I have to have surgery now it got worse wanting to know if I can still turn it into Workmen’s Comp.
answered on Nov 29, 2017
ABSOLUTELY. The sole requirements are that you notify the employer within 45 days and file with the Commission within 3 years. Contact an experienced Workers' Compensation attorney ASAP to provide the details and make certain that you can move forward. There is no cost or obligation for... View More
This patient (Dan) died after being released from care. Attorney for patient said WC settlement is $4,000. My outstanding bill is $4,400
What are my rights and recourse in getting paid? Below is an email sent to me from the deceased patient's attorney.
With Dan deceased, Paul... View More
answered on Nov 29, 2017
There are no liens in Workers' Compensation but you are entitled to be paid by the estate.
You are mistaken on your facts. It is a legal fiction that "pain and suffering" DO NOT EXIST in Workers' Compensation. The most likely reason that the matter did not proceed to... View More
I have proof of the amount he will be receiving but he is lying about it. He has stated they haven't settled it yet, but my picture proof shows the amount and that he, my husband, has agreed to the amount. Our marriage is rocky so I suspect he will keep most of the settlement in a secret... View More
answered on Nov 17, 2017
He can try to keep all of the settlement, but it is a marital asset, and your would be entitled to your equitable share of it if you were in an actual divorce situation. If there is no divorce case involved, he if free to do whatever he wishes with the settlement proceeds. You will be entitled to a... View More
I tore cartilage in my knee at work back in July by stepping down off of a ladder wrong. I went to occupation health doctor, was then referred to a surgeon. Surgeon said I would need surgery but released me to go back to work. Took the release to my employer and they wouldn't let me return... View More
answered on Nov 15, 2017
You just posted this in AVVO. I responded:
There are many red flags here. You don't tear your meniscus by "stepping wrong," it requires a twisting motion. WC benefits do not "end" in Illinois. They can be paid for an indefinite period. It doesn't make any... View More
This year he was out of work on work comp from Jan-May. He gets 3 weeks vacation.
answered on Nov 8, 2017
The question cannot be answered because the Illinois Workers' Compensation Act does NOT have ANY benefit provisions.
Moreover, there are no laws that protect vacation time. You MUST read your employee handbook or contract to determine your eligibility.
We won at arbitration, company appealed. Oral argument in front of commission has taken place and we are now waiting over 60 days to receive a final decision.
answered on Nov 2, 2017
It is VERY unusual for the Commission to take longer than 30 days after Orals. Decisions are only issued by email and easy to miss or to go into junk mail. Call the Commission and ask if a Decision on Review has issued in your matter.
I was seen by workers comp insurance company IME doctor and sent back to work full duty. Against my doctors orders of duty restrictions. Can I sue the IME doctor?
answered on Nov 1, 2017
You can sue anyone but an IME, by definition, does NOT provide medical advice to YOU, nor does he render medical care.
answered on Nov 1, 2017
Not unless someone is there to call them on it. This is just another reason why you NEED an experienced attorney.
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 process... View More
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