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Illinois Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Illinois on
Q: Hi. In Illinois, how is unemployment pay calculated after a person comes back from 6 months of worker’s compensation?
Charles Candiano
Charles Candiano answered on Aug 18, 2020

As though you were unemployed for 6 months.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: For the past two months or so I’ve not been payed my proper commission from Pepsi Mid America. I don’t know what to do.

They have told me they needed time to get to the bottom of this issue, but as I stated before it’s been roughly two months. I have a wedding soon and frankly I don’t have two months to be missing close to 500 on every paycheck. My base pay is 550 before taxes a week and my area sales manager... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 11, 2020

More information is necessary to analyze your situation. Do you have an employment agreement that includes your base pay and commission structure? You should contact an employment attorney in your area to discuss this issue. An attorney can assist with communicating with your employer to ensure... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Testing me for marijuana years after the initial incident.

I had a work injury a few years ago. I would like to start smoking weed, as it is legal and would help with my injury, can they stop paying my workmans comp if I start smoking weed?

Richard K. Johnson
Richard K. Johnson answered on May 29, 2020

I am not sure from your question whether you have had the Illinois Workers' Compensation Commission issue an award or if you are still on weekly benefits due to temporary total disability. However, the general answer is that since cannabis is a legal substance, as long as the doctor does not... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Filed a workman’s compensation with my attorney over 1 year ago. Haven’t heard anything about my case?
Richard K. Johnson
Richard K. Johnson answered on Apr 29, 2020

Please contact your attorney and ask for a status report. There are many reasons you may not hear from the attorney, but if you make an inquiry, the attorney should respond in a reasonable amount of time. This is simply a matter of communication. Good luck.

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My father has been diagnosed with non small cell lung cancer and he was exposed to asbestos can he sue ?

When my dad was younger he worked in an installation company and he believes he was exposed to asbestos. Although his cancer is non small cell can he still sue even though it’s non mesothelioma

Charles Candiano
Charles Candiano answered on Mar 29, 2020

Worker's Compensation is an area of law that deals with injuries sustained work. It is a statute that is administered by the Illinois Worker's Compensation Commission. if someone sustains a work injury, Worker's Compensation is the exclusive remedy. In other words, they CANNOT sue... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: I had a belly button hernia at work..Workman's Comp wants 10 years of medical/work history released to company&insurance

I have only worked at this company 1 year, and really don't work to share my medical history with company.

Richard K. Johnson
Richard K. Johnson answered on Mar 5, 2020

Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.

3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... Read more »

Steven Sigmond
Steven Sigmond answered on Mar 4, 2020

Yes, you can.

As long as you've reported the work-injury to your boss right away (and you have), you have up to three years to file a workers compensation case. Your employer can't file the case for you. All they can do is turn the matter over to their insurance company or not....
Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement
Richard K. Johnson
Richard K. Johnson answered on Feb 19, 2020

A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Trying to figure out an estimate on a workers comp ptd settlement. My wkly ptd rate is $484, my life expectancy is 37.5
Richard K. Johnson
Richard K. Johnson answered on Feb 18, 2020

When was your accident? There is a minimum rate for permanent total disability. You should be able to download a present value calculator to do the computation. A lawyer who is not actually representing you should not be second guessing the lawyer who is representing you.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: How is a ptd settlement calculated in IL workers comp?
Richard K. Johnson
Richard K. Johnson answered on Feb 18, 2020

A permanent total disability settlement is calculated by determining the life expectancy of the injured worker. The life expectancy gives us the interest rate equivalent to use, but remember, the insurance company is using its own internal rate of return and not what you or I earn on the amount.... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

Richard K. Johnson
Richard K. Johnson answered on Feb 7, 2020

This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Can I still collect unemployment if I start unpaid TOP job training in Illinois?

It is two nights a week, 6:30-9:30pm, and Saturdays. That still leaves me available for regular job hours.

Charles Candiano
Charles Candiano answered on Feb 4, 2020

Not legally. To collect unemployment, you must be actively seeking employment AND Both Willing and Able to accept a job. If you are in formal training, you are NEITHER willing nor Able to accept a job, if offered, nor are you actively seeking employment.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I requested FMLA. My employer filed a Workers' Comp claim? I didn't ask for Workers' Comp. Is that how it works?

I have 11 weeks of sick leave and some personal and vacation days that I could use on Family Medical Leave. I intend to go back to work once I'm better. I've been off for 2 weeks and expect to go back in 2-3 weeks; long before I run out of sick days. I'm concerned that my employer... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 31, 2020

That's a great question, but I doubt anyone can give you solid advice without sitting down and talking to you to get more information. Schedule an appointment with a competent workers' compensation lawyer. There's typically no charge for an initial appointment on workers'... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I retire and not effect my workers com case while my case is being appealed
James G. Ahlberg
James G. Ahlberg answered on Dec 6, 2019

This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I injured my lower back at work and went through the Conservative treatment route without recovering.

After about 9 months and a visit to an IME, surgery was scheduled. Unfortunately, surgery was not successful and I still suffer from a “Pinched” nerve. For some reason, doctor won’t say, surgery was not completed completed and the spine (L4, 5 and S1 was fused together, “as is”). I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

It seems you're asking a medical question. Get a second opinion from another doctor. If you don't have a lawyer, get one ASAP to protect your rights and answer your questions with authority.

If you're asking a legal question as to your rights under the Workers'...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?

James G. Ahlberg
James G. Ahlberg answered on Jun 14, 2019

The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not... Read more »

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1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Civil Litigation for Illinois on
Q: My husbands employer accidentally paid him after he was fired for six months and we didn't notice bc I work there.

We got a letter from the employer saying we needed to pay back $27k in two weeks. When we got his w-2's and mine , this pay was not reflected at all. We don't know what our right's are in this case. We don't pay much attention to our bank statements and just paid bills as usual... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2019

Whether you look at your bank statements or not is irrelevant. If your employer actually paid your husband $27,000 more than he was entitled, he will either have to give it back or will probably be sued by the employer.

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

I am looking to get clarification regarding the following paragraph:

---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---

Based on this, when... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 26, 2019

Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee... Read more »

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