Illinois Workers' Compensation Questions & Answers

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.
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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

Q: I am in the process of a settlement and my Workers Comp company is saying they are insolvent. What does that mean for me

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

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...

Q: Was my settlement fair? I was told I didn't need an lawyer unless I planned to sue.

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Feb 4, 2013

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.

Q: Workmans comp settlement offer

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jan 31, 2013

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.

Q: If you had a injury at work but don't need surgery do you still get a settlement?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jan 31, 2013

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...

Q: Should I still be legally working if I have found out that my employer doesnt have Workmans Comp Insurance?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 6, 2012

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...

Q: If my company files for bankruptcy, are they still obligated to pay me workers' compensation benefits?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 22, 2012

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.

Q: An employee was hit by an forklift while crossing the aisle way. Person hit was looking in the opposite direction.

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jul 17, 2012

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...

Q: Do all workers compensation adjuster working out of state handling Michigan claims, need to have a MI adjuster license.

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jul 17, 2012

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.

Q: My case settled after several appeals. I was awarded lifetime medical, can they still appeal? from 05?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jul 17, 2012

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.

Q: How are worker's comp levels rated? I keep seeing people saying they're level 2 or level 3, what does that mean?

2 Answers | Asked in Workers' Compensation for Illinois on
Answered on Jul 18, 2011

As far as I know, that number applies to the number of dependents as disability levels are based on percentages as opposed to an indication based ona numeric value.

Q: I currently have an open work comp claim, is there a standard amount they normally pay for carpel tunnel?

2 Answers | Asked in Workers' Compensation for Illinois on
Answered on May 19, 2011

The amount paid is partially due to a diability rating as well as your prior earnings history.

Q: How long does it take the workers comp industrial commision to make a decision on a case

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Feb 2, 2011

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.

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