Illinois Workers' Compensation Questions & Answers

Q: What happens if you are off work due to a back neck hip & shoulder injury & get pregnant???

1 Answer | Asked in Workers' Compensation for Illinois on
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 AND the course you choose (e.g. abortion, adoption, etc.) would be covered under Workers' Compensation.

Do NOT go this alone. Contact an experienced Workers' Compensation Attorney near you ASAP.
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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

1 Answer | Asked in Workers' Compensation for Illinois on
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 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 value to your case IN EXCESS of his fee. In the...
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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.

1 Answer | Asked in Workers' Compensation for Illinois on
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, IRRESPECTIVE of what the company you were working for may have called you. Call an experienced Workers' Compensation attorney for a free evaluation of your situation.
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Q: What are employers rights after an employee has been released back to work without restrictions

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
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 (i.e. 1.) The employee must have been employed with the company for 12 months;

2.) The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave; and...
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Q: I was hurt at work and went to doctor he sent me back to work can he do that

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

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

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

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

1 Answer | Asked in Workers' Compensation for Illinois on
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!
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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?

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

1 Answer | Asked in Workers' Compensation and Business Law for Illinois on
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.
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Q: My workmans comp caseworker said they will only pay for 12 physical therapy appointments. Is this true?

1 Answer | Asked in Workers' Compensation for Illinois on
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.
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Q: What if my employer won't authorize the medical treatment I need?

1 Answer | Asked in Workers' Compensation for Illinois on
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 value to your case IN EXCESS of his fee. In the last few years, employers also seek to advance the argument that when you settle a case without an attorney, your already low settlement should be further...
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Q: Is it appropriate for a casworker to ask personal questions? Like, what are your daily activities?

1 Answer | Asked in Workers' Compensation for Illinois on
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 can find one here, on JUSTIA. Attorneys on JUSTIA want to help you but cannot solicit your business. You must contact us.
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Q: Wife threatens to testify against me if i dont give her any money. Is there any crime in that?

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

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

1 Answer | Asked in Workers' Compensation for Illinois on
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 with the Commission within 3 years, you may lose the right to file your claim and your employer may not be responsible even for future medical care.

The only way to protect your rights is to hire an...
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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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