Andrew L. Hughes' answer Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act and Code of Federal Regulations will come into play as well. These are complicated toxic tort claims however, so make sure that you retain counsel who is very familiar with both FELA law and toxic tort...
Lawyers: To answer this question, please Log In to your account.
David Alan Wolf's answer Worker's compensation is a specialized field. Most worker's compensation attorneys will provide you with a free consultation to discuss your rights and remedies. Worker's compensation has its own rules, regulations, and procedures that are quite different than the typical personal injury / automobile accident case. Discuss these issues with a qualified and experienced worker's compensation attorney. Good luck.
Lawyers: To answer this question, please Log In to your account.
Timothy J. Deffet's answer This is a complicated question. If you are asking in IL how much you will be considered disabled under the law there are many factors. A seasoned attorney will review all your medical records, educational background, job, age and numerous other factors to try to negotiate a fair settlement for you and if there is not a fair offer, to prep you and try the case. Also please take a look at the FAQ section on the IWCC website for some basica. http://www.iwcc.il.gov/faq.htm
Timothy J. Deffet's answer If you have an IL claim you should contact and IL attorney right away as this is too complicated to be answered in one posting. This is taken from the IWCC website:http://www.iwcc.il.gov/insurance.htm
"What happens if an insurer goes bankrupt?
If an insurance company or a group workers' compensation trust becomes insolvent, the Illinois Department of Insurance, Office of the Special Deputy, takes over the company and performs the receivership duties. Go to the OSD website for...
Timothy J. Deffet's answer It is extremely difficult to give you a straight answer because a lawyer needs to review all your medical records, bills, wage, doctors at issue, whether your employer sent you to a fair "IME" which is really a Section 12 DEFENSE doctor exam in Illinois.
Timothy J. Deffet's answer Each case is different but I normally counsel clients not to sign any other release when handling comp case. However, you may be getting additional consideration for resigning I don't know. Only you and your attorney know the facts of your case and the reasoning for same. You should have a detailed conversation with your attorney on this. The company wants you off their books so no new injuries at their employ.
Timothy J. Deffet's answer It depends on whether you can prove the case or not but surgery is not necessary by itself to have a settlement. You never have to get ANY treatment you do not want to get. It is important to note that if you settle your case you usually close out your right to future medical though unless medical remains open. It is worth it to consult with an attorney who handles these. I do this work and many other attorneys in Illinois. They are always free consultations and the attorneys do not get dime...
Timothy J. Deffet's answer Do you mean should you continue to work? You can check on your employer's insurance status on the IWCC page on insurance at http://www.iwcc.il.gov/insurance.htm. This can answer many questions you have. If you are injured you may still proceed with a case. Whether you want to stay is up to you, that is a personal question. If they are required to have insurance you can report them here also. There are many civil, criminal and other penalties if your employer is required to have insurance and...
Timothy J. Deffet's answer Some companies are self-insured and may become bankrupt. Also, some companies are insured by a work comp insurance company. Normally speaking, there are some protections like the Illinois Guaranty Fund which can step in if insurance and employer are not solvent. You should contact an Illinois work comp attorney because you can still maintain a case.
Timothy J. Deffet's answer I am not quite sure if you are speaking of only employees who have injured each other. In Illinois if you are an employee and are injured by a non-employee (here maybe another truck driving through an intersection-not clear) then you could possibly have a work comp case against your employer if you had a definite accident and the medical injuries are related to the accident. Second, if an outside party (non-employer based) which are sometimes referred to as a "third-party" injured you then you...
Timothy J. Deffet's answer That is an interesting question. Adjusters can be from several different states and still negotiate a file. They are not like lawyers who must be licensed in the state they practice. A good place to look for information on workers' compensation cases that arise from IL is the IWCC website. Or you can also contact an IL work comp attorney, such as myself, or plenty of others on these lists or at the ISBA lawyer finder.If it is a MI case, contact an attorney in Michigan.
Timothy J. Deffet's answer In some instances an employer can file an appeal or hearing based on a change in circumstances in your treatment even though you may have been awarded lifetime benefits. Also, appeals can be very lengthy and last years. It is difficult to tell from your post. I would look at the IWCC website and look at FAQs as well as appeal rules. I wish you the best of luck. I would talk to your attorney in detail about this if you have one.
Robert D. Kreisman's answer Once the case is presented to the arbitrator and the proofs are submitted for consideration, the arbitrator's decision should be submitted within 30-60 days. The decision of the arbitrator in the Industrial Commission can be appealed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.