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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: It's been 2 years since my sever laceration. Is my employer required to offer a settlement?

While programming a machine at work that had a problem with the controller, I was severely lacerated on my left hand requiring 17 stitches. I returned to work the next day under light duty. I was under doctors care for 6 month and still have problems with numbness in my thumb and 2 fingers. Is my... View More

Charles Candiano
Charles Candiano
answered on Jun 2, 2017

Your employer has no obligation to offer you money. If they do offer money, it will likely be far less than your claim is worth. Your claim has NOT been filed with the Illinois Workers' Compensation Commission unless you filed it or hired an attorney to do so. If your claim is not filed... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I was injured at work 1.5 years ago, I had a surgery that has now failed and adjuster telling me time to settle

I originally saw a dr who wouldn't fix me only therapy, so I got a second opinion and then surgery. I am being told that I have seen my maximum and work comp won't have to pay if I have another dr treat me, and he keeps telling me I need to settle my case?

Steve McCann
Steve McCann
answered on May 26, 2017

You absolutely should hire an attorney immediately. Attorney who handle worker's compensation cases will take your case on a 20% contingency, and a knowledgeable attorney will almost certainly add value to your case in excess of the 20%. Further, an attorney will assist you in all points of... View More

3 Answers | Asked in Workers' Compensation for Illinois on
Q: I was injured at work, dr says this is due to a failed rotator cup repair done approximately 4 1/2 yrs. ago.

I have not had any previous problems with my shoulder until recent incident. what are my options?

Ray Choudhry
Ray Choudhry
answered on May 9, 2017

What are my options?

Go see a work comp lawyer.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Question about legal obligations of employer when store robbery leads to personal physical injury.

The store in question has been robbed 3-4 times within a year. Nothing has been done to heighten security after the first couple robberies. This time the two employees were beaten and tied up. One ended up in the hospital with significant injury, including a fractured skull. Can the employee... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

The employee with injuries needs to see a work comp attorney. That attorney can look into whether the employees has a cause of action against the employer over and above the work comp.

Unemployment is usually for those who are laid off or let go.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Says request hearing,dismiss as attorney of record.Petitoner and respondent are prepared to come to completion

I got letter from my work comp lawyer the letter first shows a request for hearing. Then states motion to dismiss as attorney of record. Also under the request for hearing shows date of hearing then says Petitoner and respondent are prepared to try this matter to completion. I'm lost and... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2017

Your attorney "fired" you. "lack of communication" or Failure to Communicate" are common generic reasons stated. You and your attorney are on bad terms but your attorney CANNOT say anything to hurt your claim. Get a new attorney ASAP!!! The date noted before... View More

1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: In the state of Illinois can your employer NOT pay you when you go to physical therapy do to an injury
Charles Candiano
Charles Candiano
answered on Apr 23, 2017

If you are back to work and you schedule PT or any care during work hours that COULD be scheduled outside of work hours, your employer is NOT obligated to compensate you for anything other than mileage, tolls, and parking.

Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

I injured my back at work a year ago. I have completed therapy, 4 spinal injection shots and a work hardening program. During this time I was receiving my weekly worker's comp checks. After 9 months of going through this my dr. ordered an FCE to be done but my job's workers comp insurance... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2017

You are paying an attorney who knows all of the details of your claim, a great deal of money. Why would you seek an online opinion when you already paid for the privilege of getting an informed opinion? Ask YOUR attorney. HE has all of the information necessary to give you an informed answer.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens when a Judge calls in sick the day of trial? Does another motion for trial have to be filed?
Charles Candiano
Charles Candiano
answered on Apr 19, 2017

Yes. If you are representing yourself, you are in for a rude awakening. It is not "rocket science" but there are MANY rules and you will not be familiar with any of them, nor will you understand how to write the Proposed Decision. People come to us all the time asking us to represent... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Hi how long til you have any money workmancomp settlement??
Steve McCann
Steve McCann
answered on Apr 16, 2017

The answer to your question depends on a number of factors that are not provided here. If you are represented by an attorney, I suggest you direct your questions to him or her. If you are not represented, you absolutely should be, as attorney's fees are generally capped at 20% of the total... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: What is the State minimum for Workers comp coverage for a company owner?

I have a pay as you go policy which I've had for 2 years. At this year's audit I was told I didn't pay enough towards the minimum and now owe all that premium. I haven't changed my pay rate from the prior year and this wasn't an issue then. How can they expect me to pay... View More

Charles Candiano
Charles Candiano
answered on Apr 9, 2017

This doesn't make any sense. I have purchased WC coverage for years. Refer to the quote you received PRIOR to purchasing the policy. That document would have specified the annual or monthly premium to which you agreed on purchase.

1 Answer | Asked in Civil Litigation, Workers' Compensation and Gov & Administrative Law for Illinois on
Q: Can I sue Illinois WC commission if commissioners staff attorney father worked at employers law firm. Conflict.

Commissioners staff attorney who's initials appear on judgment, individuals father was a partner at law firm which represented company I was hurt at. This should be a conflict of interest and individual should have recused themself. Have written to board and they are trying to cover it up.... View More

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Your facts are a bit confused. It is absolutely true that an interested party should recuse herself. That said, irrespective of whatever conflict, you won at Arbitration so you cannot claim any harm or injury.

1 Answer | Asked in Workers' Compensation and Social Security for Illinois on
Q: Workman's Comp carrier went out of business during my case , would going for Disability be a real problem ?

Halfway through my workman's compensation case the insurance company Ullico Casuality went out of business , The guaranty fund was no help , I am still having problems from my injury is going for social security disability an option for me ?

Charles Candiano
Charles Candiano
answered on Mar 29, 2017

Hire an experienced Workers' Compensation attorney. I do not understand what you mean when you say "the Guaranty Fund was no help." The Fund has an obligation to defend any claims pending with an insurer that folds. The appropriate Motion before the IWCC will bring them to the... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: I need help with employer long-term disability. Is there someone who can help me dealing with the LTD insurance company

I have a multitude of medical conditions, ankylosing spondylitis, Sjogren’s syndrome, severe fibromyalgia, degenerative joint disease, asthma, sleep apnea, etc. I applied for LTD in July 2015. I was denied in October 2015. I appealed the decision 2 more times and just received word that my case... View More

Charles Candiano
Charles Candiano
answered on Mar 29, 2017

You need to search for an attorney who specializes in employment benefits. You should have done this in 2015. If you search for "employment benefit attorney McHenry County"you should find someone close to you. If not, search for "employment benefit attorney Chicago." There... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: my workman comp pymts stopped I was injured January 26th, 2015. It's March 27th,2017 hearing day.

we were instructed to be at a hearing in front of the arbitrator, our attorney was rude, we were told by the company being held responsible that our time slot was canceled via an email which had disappeared. Our attorney says our case is a lose lose situation and if we are unhappy to go elsewhere.... View More

Steve McCann
Steve McCann
answered on Mar 29, 2017

Since you are represented by counsel, you should direct all questions and concerns directly to your attorney. If you are not satisfied with your current attorney consider hiring a new one, although it may be a challenge at this point in time because the new attorney will have to split the legal... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: Did not get proper representation. I developed asthma as did a co-worker. She did not file a claim against the company.

The lawyer I had did not consult me for information. Maintenance worker,painters could have been called to support my claim as to the mold and mildew in the office where I worked. We had to fill out requisitions whenever we called them to mop up water from the leaking roof. They had to use large... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 15, 2017

It is very difficult to prove causation in mold cases because the results (asthma etc) can happen without mold contamination. You may think it's open and shut,but with the law, you sometimes have to prove that the sky is blue!

Why not get a consult from another attorney who focuses...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I had a 19b hearing August 26th of 2016. My decision was to be given on Nov 15th. It is now March 9th 2017.

My attorney who I don't necessarily see eye to eye with told me it's best not to ask the arbitrator for an update as to not anger them? I've been off work since June 2015. No pay. Is there any action I can take against the commission?

Steve McCann
Steve McCann
answered on Mar 10, 2017

You should direct all questions regarding your case to your attorney. If you do not see eye to eye with your attorney to the point where you are not comfortable asking questions, you should consider getting a new attorney.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Settlement Process???

I injured my back a year ago on my job. I had went through therapy, work hardening program and spinal injection shots. After all of that I still have some discomfort in my back. During that time off I did receive weekly the TDD payments.My dr. has released me with permanent restrictions meaning I... View More

Steve McCann
Steve McCann
answered on Mar 10, 2017

Your job should train you if you do not already have adequate training for your new role with the company since you injured your back. I would express your concerns regarding training with your employer. In regards to your attorney initiating the settlement process, I would recommend asking your... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can a worker's comp case last for 6yrs

But they paid some of medical bills so my lawyer stated that I still have outstanding Pharmacy bills with eqmd in McHenry il.I was receiving my medicine from therapy so how come workers comp paid my therapy bill but not my medication from therapy which I believe that this place eqmd doesn't... View More

Steve McCann
Steve McCann
answered on Mar 8, 2017

It is certainly possible. Since you have an attorney representing you in this matter, I recommend you direct all of your questions to your attorney, as your attorney is in the best position to answer them knowing the details of your case.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Potential lawsuit?

Was diagnosed with plantar fasciitis, advised work I couldn't stand per doctors orders restricting me to desk duty only. They accommodated, however several days in other supervisors, managers were going against what the store manager directed and were telling, making me do physical work,... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

Ask Justia to take down your phone & name or you're likely to be trolled. Contact a member of the Illinois Trial Lawyers Assn who handles both comp and employment issues--they give free consults.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: if my employer falsifies my occupation on workers comp insurance am I still covered if I'm injured?

It recently came to my attention that I am being listed as a salesman for my company by one of the co-owners of my construction company. I am a lead carpenter and find myself in much more hazardous situations than a salesman would be. If I am hurt on the job, I fear I would come under scrutiny and... View More

Steve McCann
Steve McCann
answered on Jan 20, 2017

You may have recourse, however based on the limited facts presented, it does not seem that you have suffered any damages as a result of the alleged misrepresentation. Now if you were injured on the job and were denied coverage based on a material misrepresentation made by your employer, you may... View More

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