Illinois Workers' Compensation Questions & Answers

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

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
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 the recovery process, thereby minimizing your stress and maximizing your recovery.
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Q: I was injured at work, dr says this is due to a failed rotator cup repair done approximately 4 1/2 yrs. ago.

3 Answers | Asked in Workers' Compensation for Illinois on
Answered on May 9, 2017

What are my options?

Go see a work comp lawyer.
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Q: Question about legal obligations of employer when store robbery leads to personal physical injury.

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

1 Answer | Asked in Workers' Compensation for Illinois on
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 "Petitioner(you) and respondent (insurance) are prepared to try this matter to completion" is the trial date. If you do not show up, the case will be dismissed. You only have 60 days to reinstate it! DO NOT DELAY!
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Q: In the state of Illinois can your employer NOT pay you when you go to physical therapy do to an injury

1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
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.
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Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Arbitration / Mediation Law for Illinois on
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.
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Q: What happens when a Judge calls in sick the day of trial? Does another motion for trial have to be filed?

1 Answer | Asked in Workers' Compensation for Illinois on
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 them on Review after they lose a Hearing at the Commission. Oftentimes, the damage cannot be undone. If this is important to you or your family, do not go this alone. At least make an attorney explain what he...
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Q: Hi how long til you have any money workmancomp settlement??

2 Answers | Asked in Workers' Compensation for Illinois on
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 recovery, and a knowledgeable attorney is nearly certain to get you more than 20% more than you can get on your own, so it truly is in your best interest.
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Q: What is the State minimum for Workers comp coverage for a company owner?

1 Answer | Asked in Workers' Compensation for Illinois on
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.
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Q: Can I sue Illinois WC commission if commissioners staff attorney father worked at employers law firm. Conflict.

1 Answer | Asked in Civil Litigation, Workers' Compensation and Gov & Administrative Law for Illinois on
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.
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Q: Workman's Comp carrier went out of business during my case , would going for Disability be a real problem ?

1 Answer | Asked in Workers' Compensation and Social Security for Illinois on
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 table. You just need an attorney who knows what he's doing.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide...
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Q: I need help with employer long-term disability. Is there someone who can help me dealing with the LTD insurance company

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
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 are several good firms in the City who do this work, exclusively.
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Q: my workman comp pymts stopped I was injured January 26th, 2015. It's March 27th,2017 hearing day.

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
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 fees (likely 20% of the total recovery) with your current attorney.
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Q: Did not get proper representation. I developed asthma as did a co-worker. She did not file a claim against the company.

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
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 their practice on workers compensation cases.
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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.

2 Answers | Asked in Workers' Compensation for Illinois on
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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Q: Settlement Process???

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
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 attorney, as he or she is best equipped to answer such a question. If you do not have an attorney, you should get one immediately. It is extremely unlikely that your employer and/or its insurer will...
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Q: Can a worker's comp case last for 6yrs

2 Answers | Asked in Workers' Compensation for Illinois on
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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Q: Potential lawsuit?

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
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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Q: if my employer falsifies my occupation on workers comp insurance am I still covered if I'm injured?

1 Answer | Asked in Workers' Compensation for Illinois on
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 have a cause of action. If the former is the case, then I would recommend organizing all information and evidence you have regarding this situation, and consult with an attorney individually to...
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Q: I was injured Nov 21,2016. At my employeer we receive our vacation on our 1 year Anniversary. I've been employeed with

1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Answered on Jan 18, 2017

The answer to your question depends on specific language in your employment contract, but based on the limited facts provided, you may have a case. Are you represented by an attorney? If so, I would recommend directing all of your questions to the attorney assisting you with the worker's comp case. If you do not have one, I would highly recommend obtaining an attorney immediately, as you will never be taken seriously until you do so.
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