Illinois Workers' Compensation Questions & Answers

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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Q: Do you have to be a full-time employee somewhere to file for workers' comp if you're injured?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jan 15, 2017

No. If you are contemplating filing a workers' comp claim, it is certainly in your best interest to consult and hire an attorney prior to doing so. Illinois workers' comp attorneys work on a contingent basis, and many of us offer free consultations, so it will not cost you anything out of pocket for professional assistance to ensure you receive the recovery you deserve. You will never be taken seriously without representation.
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Q: Do seasonal workers/employees qualify for workers' compensation if they are injured on the job?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Dec 21, 2016

It depends on the company the seasonal employee is working for, and their relationship with that company. Did you file a report with the company outlining your injuries and the circumstances leading up to your injury? If not, do so immediately. I would recommend organizing all information you believe is relevant to this situation, and consult with an attorney individually. A knowledgeable attorney will review the details of your case, and will advise you to the best course of action moving...
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Q: can works comp send a person to go with you to your doctors appointment!!!

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 29, 2016

You need to talk to a lawyer yesterday. In some states they can't send someone if they are paying. If they aren't paying not sure what their involvement is. Talk to a member of the Illinois Trial Lawyers Assn in your area who handles workers comp--they give free consultations.
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Q: Worker's Comp refused to pay for the FCE now what?

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for Illinois on
Answered on Nov 19, 2016

All questions should be directed to your attorney. If you are not fully satisfied with your current representation, consider hiring new counsel, as it may be a very long road ahead.
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Q: Why would Worker's Comp refused to pay for an FCE even though my Dr. asked for it??

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 10, 2016

You should hire an attorney immediately. This is unfortunately a very common occurrence when claimants are not represented by counsel, the insurance company attempts to take advantage of you. It is certainly in your best interest to have an attorney represent you in these situations, as there are several arguments to be made to have them pay for the FCE and more. Have you received temporary wage loss, or TTD since your injury? In any event, organize all information pertaining to this claim,...
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Q: How long after a claim does the insurance company/employer have to deny the claim?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 7, 2016

The answer as to how long the insurance company has to officially approve or deny your claim is that it depends. If the claim was not filed properly, they can wait until after the statute of limitations has run to deny your claim. It is not necessarily a good sign that they have been paying for your temporary wage loss, as they are obligated to do so. Were you injured during the course of employment? In any event, I would not take any more action on this case without consulting with an...
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Q: I went on worker's comp in 2012. I've got married and had 2 children since. Should mt ttd rate went up for each instanc

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Oct 25, 2016

Do you have any attorney representing you in this case? If you do not, you absolutely should. A knowledgeable attorney will be able to answer all of your questions, as they are fact specific and highly technical. It will save you time, stress, and money in the long run.
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Q: My husband is having a surgery soon that Workmans comp approved, however we have heard nothing about TTD pay?

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Oct 7, 2016

You are referring to TTD or temporary total disability payments while your husband is temporarily impaired from performing his tasks due to his employment related injury. Under Illinois law, TTD provides for two-thirds of the employees average weekly wage when a physician deems him or her unable to perform their job-related tasks. If the insurance company is not making these TTD payments, I would contact the adjuster and ask why they are not being made. In some situations, the insurance company...
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Q: employer w/injured worker. Worker wants to perform beyond dr restrictions. is this ok? What would be our obligation?

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Sep 9, 2016

I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full duty. In the meantime, follow the restrictions laid out by the treating or examining physician.
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Q: My TTDs were stopped. Can the insurance company stop them whenever they want or is there a procedure they must follow?

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Illinois on
Answered on Aug 24, 2016

Unfortunately, insurance companies can terminate temporary total disability (TTD) payments when they have information that you are no longer temporarily disabled or your employer is able to accommodate restrictions placed on you by your physicians.

In some situations, insurance companies will terminate TTD payments as a way of inducing petitioners back to work who may have been off for some time. If this is the case in your situation, you may wish to have your attorney file a motion at...
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Q: Can I claim Workmans Comp if involved in an car accident on company grounds prior to my shift starting?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 23, 2016

The answer to your question will have a lot to do with the control which your employer had over the situation. For example, did your employer require you to park in a specific area? Even if your case is not compensable under workers compensation law, you can likely pursue a claim against your co-worker to recover compensation for your injuries and damage to your vehicle. You may wish to file a claim with his or her auto insurance company or retain a lawyer to do this for you.
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Q: what happens if I receive a bill that should have been paid by illinois workmen's compensation after the case is closed?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 23, 2016

You should look the terms of your settlement contract. This will likely address who is responsible for past and future medical bills. If you were represented by a lawyer in the case, you may want to ask him or her about what can be done with the bill. Good luck.
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Q: My husband was electrocuted and died on the job.

2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Answered on Aug 17, 2016

I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.

Generally you can't sue the employer if the person was a regular employee. That is covered by workers compensation.

However there are others involved for a lawyer to look at. Members of the Illinois Assn for Justice will also not charge...
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Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Answered on Apr 15, 2016

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...
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Q: Can employer make injured person wait one whole year for back surgery?

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Illinois on
Answered on Mar 31, 2016

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.
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Q: My employer refuses to appear for court. How can I get a judgement against them?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 4, 2015

If they miss the trial they can, I would think, be defaulted and judgment entered against them. Did they have excuses for missing the trial dates.

Q: How does work comp know how much you are disabled after surgery?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Mar 18, 2013

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

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