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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: Does illinois worker compensation act cover a heat stroke at work?
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

It depends. Work injury from heart attack or stroke is only covered if you have a doctor who is willing to testify that some aspect of the job contributed to the injury. For example, if someone with a bad heart is required to climb a ladder or otherwise exert himself and the exertion causes a... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens after the lawyer sends the insurance company documents and wait for settlement offer workers comp?
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

Absolutely nothing is assured to happen unless a Motion is filed with the Commission. 94% to 96% of all cases are settled without trial but your attorney has no control over when or whether an adjuster reviews a file. The answer could come in a month or it could come in a year.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I've been released from medical care and returned to work w/o restrictions still no compensation with lawyers whats next
Charles Candiano
Charles Candiano
answered on Nov 1, 2017

If you have an attorney, ask him. If you do not, get one.

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 AND when it is time to settle, an attorney can add value...
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1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If someone has been paid under $599.00, will they still be considered a 1099 and we would need proof of insurance?

These people have been considered in our payroll and our workman's comp audit. Even though they were paid under $599.00 in a year. Can the auditor included them in our audit?

Charles Candiano
Charles Candiano
answered on Oct 24, 2017

Whether someone earns $599.00 or $599,000.00 has nothing to do with whether they are/were an employee. Control over their work, scheduling, and who owns the tools are all much more important factors.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens if you are off work due to a back neck hip & shoulder injury & get pregnant???

Been off work since May 24th & found out 3 months pregnant on Sept 3rd... Got pregnant after being attacked at work... What now???

Charles Candiano
Charles Candiano
answered on Oct 9, 2017

It simply is not possible for you to have been worked up for a back injury without the doctor noticing you were pregnant. Moreover, how will you credibly explain that you were pregnant for 3-4 months BEFORE you suspected? If you were sexually attacked at work, all cost related to the pregnancy... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Why would an IME be asked to be done after I've been diagnosed and first round of treatments didn't work so why now

Its been 3 years of pain and just got diagnosed with tos about 9 months ago and now they want me to do an IME after they had a doctor try and treat but was unsuccessful with his treatments. Why would they want an IME after doing like 3 already and it's 3 years into the case

Charles Candiano
Charles Candiano
answered on Oct 2, 2017

Respondent has a right to request a Section 12 Examination at any time. Failure to attend will result in termination of benefits. If you are not represented, consult an experienced Workers' Compensation attorney ASAP.

For Illinois Workers' Compensation claims, you will ALWAYS...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If i own my own company and am not llc or inc. And i get hurt working For a different company i was helping.

Am i entitled to any work comp from my business or premium as i cant do either job now

Charles Candiano
Charles Candiano
answered on Sep 21, 2017

If you were injured while you were an employee of another company, you may be entitled to Workers' Compensation benefits. Whether the business you own is incorporated or an LLC is irrelevant. Whether you were covered will depend on whether you were an employee or an independant contractor,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: What are employers rights after an employee has been released back to work without restrictions

Employee has been released without restrictions after 50 weeks of no work at all..said employee has had multiple attendance issues exceeding company handbook standards because of pain but keeps going to the doctor and being released with no restrictions. Employee has requested a reduction of hours... View More

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If the restrictions are NOT related to a work injury, you have NO obligation beyond any contractual obligation and FMLA, IF it applies.

Even if the employee was injured at work, you have no obligation to hold her job beyond the 12 weeks as provided in the FMLA, PROVIDED that FMLA applies...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was hurt at work and went to doctor he sent me back to work can he do that
Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If you don't hire someone to enforce your rights, anything goes. Hire experienced counsel, NOW. No cost now and a greater return when you settle. Any of us are happy to answer questions without obligation.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was injured at work in Feb. And I haven't heard from workers comp in months no one is returning my calls

And I don't know what my rights are. Or what I should be doing. I have sent in everything the asked for in a timely manner need help please

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

This is typical. Things won't change until you hire an experienced attorney. There is no up-front cost and you will get more in the end. Hiring an experienced attorney is a win-win proposition.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Had an accident where I was at fault in the company car, visiting a client - can I still get workers comp?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 2, 2017

As long as you were in the scope and course of your employment when this incident occurred and you were injured, you could petition for workers' compensation. I would urge to contact an attorney who handles workers' compensation cases to help you with this.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Suffered a concussion after being kicked in the face by a patient and was on TTD for 9 months. Offered 3% maw fair?

No permanent deficits. Not offered employment by hospital after released by MD. Had to take lower paying job (not major difference) Is 3% maw a fair settlement?

Steve McCann
Steve McCann
answered on Aug 11, 2017

Assuming you are represented by an attorney, you should direct all questions to him or her. If you are not represented by an attorney, you need to stop speaking with everyone regarding this matter and hire one immediately. You will not be taken seriously until you do.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can workers comp ask about previous worker comp cases that are closed?

Wc adjuster says she needs to know all other workman comp cases I have had in the past. She said it's to estimate recovery time along with mental illnesses and auto immune diseases I have currently. Is this allowed?

Charles Candiano
Charles Candiano
answered on Jul 26, 2017

All prior WC claims MUST be reported because your employer is due a credit on ALL prior specific injuries to the same body part, except for spine, shoulders, and hips because they are all MAW injuries. That said, Settling a WC claim in Illinois without counsel will cost you, BIG TIME!

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Illinois on
Q: If my boss does t want to buy me hairnets after i already asked can he fire me for not wearing my hair in a ponytail?

I Work with food, and i do have long hair, and already asked for hairnets n was told use a ponytail. Jus received a warning that if o do t do somethi g woth my by the end of the month ill be terminated and was told "the laws, the law"

Charles Candiano
Charles Candiano
answered on Jul 20, 2017

To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.

1 Answer | Asked in Workers' Compensation and Business Law for Illinois on
Q: Employer is offering only me a very small settlement on a permanent back injury. What should I do?

I have a part time and a full time job. I was off of both jobs for 6 months due to a work related injury at my full time job. My Dr. released me back to my part time job a month before releasing me back to the full time job where I was injured at. The reason my dr. release me was because I was... View More

Steve McCann
Steve McCann
answered on Jul 17, 2017

Since you are represented by an attorney, you should direct all of your questions to him or her. If you are not satisfied with their answers, then consider consulting and hiring another attorney to represent you.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My workmans comp caseworker said they will only pay for 12 physical therapy appointments. Is this true?
Steve McCann
Steve McCann
answered on Jul 7, 2017

It depends on a number of facts that are not present here. Are you represented by an attorney?

If so, I would recommend asking your attorney. If you are not, I would recommend hiring one immediately, as we work on a contingent basis and will get you far more recovery than will exceed our fees.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What if my employer won't authorize the medical treatment I need?
Charles Candiano
Charles Candiano
answered on Jun 23, 2017

This is just another reason why you need an experienced attorney. 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 time to settle, an attorney can add... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is it appropriate for a casworker to ask personal questions? Like, what are your daily activities?
Charles Candiano
Charles Candiano
answered on Jun 22, 2017

You answer such a question at your peril. Something you say can be used to deny benefits. This is just one more reason to hire an attorney. The value that an experienced attorney can add to your claim will far exceed the fee. You need an experienced Workers' Compensation attorney and you... View More

1 Answer | Asked in Domestic Violence and Workers' Compensation for Illinois on
Q: Wife threatens to testify against me if i dont give her any money. Is there any crime in that?

I have a workmens comp. In progress, it was before she and a witness gave false statements against me, having me arrested, this has been going on since febuary 2016. We dont live together, havent for almost 3 yrs, she's on section 8, has been since 17, she's 40 now. Met her at 36 i was... View More

Cheryl Powell
Cheryl Powell
answered on Jun 17, 2017

How about getting a divorce? Also, so what if ahe goes to the da. What do u have to hide? She can always go there, $ or no $. You need a divorce.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Leaving job/state where work related injury occurred, what happens now?

I herniated a disc in my lower back while working in August 2015 here in Illinois. I was off of work for 5 months, during which time I was undergoing medical management, physical therapy, and ultimately spinal injection. My corporate company has been great about paying my workers compensation... View More

Steve McCann
Steve McCann
answered on Jun 4, 2017

You should hire an experienced workers comp attorney immediately, as they will work on a contingent basis and will add far more value than the 20% they will earn as fees.

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