Chicago Personal
Injury Attorney Blog

When injured on the job, most workers are forced to take some time off of work. Temporary Total Disability benefits are paid when a worker loses more than three days. But for many people who have been injured, the effects of that injury sometimes linger, and may never actually heal. Faced with the life-changing possibility of permanent disability, many workers feel overwhelmed and turn to an Illinois personal injury lawyer to help them gain full compensation under the law.

In this post, our Chicago personal injury attorney answers some common questions on Permanent Disability Benefits according to Illinois Workers Comp law.

1. What if I have some residual disability or scarring?

If your injury or disease results in complete or partial loss of use of a part of your body, or of your whole body, your employer must pay compensation for permanent partial disability (PPD) for a specified number of weeks depending on which body part was injured. In some cases, these benefits have recently been increased under the new law.
If your injury or disease does not cause permanent disability, but instead results in serious and permanent scarring or disfigurement to certain areas of the body, your employer must pay benefits for a specified number of weeks to compensate you for your disfigurement or scars.

Benefits for permanent partial disability and for serious and permanent scarring or disfigurement, are based up a percentage of your gross average weekly wage during the year prior to your injury, subject to legal minimums and maximums. You may not collect compensation both for permanent partial disability and for disfigurement or scarring to the same body part.

2. What if I can never return to my usual job?

If your injury or disease prevents you from returning to your usual job, and if you sustain a loss of earning capacity as a result of your job change, your employer must compensate you for your wage loss. In such a case, you are entitled to weekly benefits at a rate of two-thirds of the difference between the amount you are currently able to earn and the amount you would be earning in your pre-injury occupation had you not been injured. These benefits are subject to legal limits.

3. What if I can never work again?

If your injury or disease causes complete disability, such that you are permanently unable to perform any work for which a reasonably stable labor market exists, you are considered permanently and totally disabled. In such a case, you are entitled to receive weekly benefits for the remainder of your life. These benefits are paid at a rate of two-thirds of your gross average weekly wage during the year prior to your injury, subject to legal minimums and maximums.

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In continuing this month’s focus on Illinois Workers Compensation Law, our Chicago personal injury attorney explains some of the requirements for lost time benefits and disability pay.

According to the law, your employer is required to pay weekly temporary total disability (TTD) benefits during the period of time that you are unable to work as a result of the injury or disease, provided that your period of lost time lasts more than three working days.

Generally speaking, say Illinois personal injury lawyers, TTD benefits are paid at a rate of two-thirds of a workers’ gross average weekly wage during the year prior to injury, subject to legal minimums and maximums. An employer is required to begin payment of TTD within fourteen days after an employee has begun to lose time from work. In order to qualify for TTD benefits, it is usually necessary to have a signed medical report or doctor’s note, such as a “time-off-work slip” which establishes that that an employee is unable to return to work.

If your employer disagrees about whether you are entitled to receive TTD benefits, or about how your benefits should be calculated, it may be necessary to have a hearing at the Workers’ Compensation Commission. In some cases, penalties can be imposed upon an employer if the employer unreasonably delays or refuses to pay your weekly compensation benefits, or if the Workers’ Compensation Commission finds that the employer acted in bad faith.

If you have questions about your workers’ compensation case, you should consider contacting a Chicago personal injury attorney who specializes in Workers Comp.

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Illinois personal injury lawyers who specialize in Workers Comp cases say there is a lot to know regarding medical benefits for each case. Quite often, injured persons worry about their medical bills and whether or not their employer will pay. Unnecessary worry and angst can add yet another stressful factor the the already difficult task of recovery. Here are some more typical questions you may have about your medical benefits, answered by our experienced Chicago personal injury attorney.

What medical expenses must my employer pay?

Your employer is required to pay for all necessary first aid, medical, surgical and hospital services reasonably required to cure or relieve the effects of your injury or disease.

Can I choose my own doctor or hospital for treatment?

Yes. You have the right to choose any doctor or hospital at your employer’s expense.

Is there a limit to the number of doctors I can see at my employer’s expense?

Yes. Your employer must pay for the following treatment, if it is reasonable, necessary and causally related to your injury or disease: (a) All first aid and emergency services; (b) the services of the first treating doctor you select, along with the services of any doctors (specialists) or hospitals you’re referred to by the first treating doctor; (c) the services of a second treating doctor (should you decide to change treating physicians), along with any services provided by doctors or hospitals referred to by the second treating doctor. Always notify your employer if you change physicians to avoid delays in payment of compensation and medical bills.Note: If you wish to select a third treating doctor - someone you were not referred to by a previous treating doctor or hospital within your first two chosen referral chains - you must pay for that doctor’s services yourself, unless your employer agrees in advance to pay for that doctor’s services.

What if my employer refuses to pay my medical bill?

You have the right to a hearing at the Workers’ Compensation Commission to compel your employer to pay or reimburse your medical bills. Under new laws, your employer may be forced to pay penalties for unreasonable delay in payment of medical expenses, if the Commission finds that the employer acted in bad faith.

Does my treating doctor or hospital have any obligations?

Yes. Upon written request, your treating doctor or hospital must provide enough information so that your employer may decide whether to pay your bills and other benefits. If your treating doctor or hospital does not furnish the information required by law, the employer may delay or refuse payment of your benefits. However, your treating physician should not meet or speak with your employer or the representatives of its workers’ compensation insurance carrier without you present. Always consult your attorney before authorizing such contacts.

Can my employer send me to a company doctor for evaluation?

Yes. Your employer has a right to have you examined at a reasonable time and place. FAILURE TO ATTEND AN EXAMINATION BY A COMPANY DOCTOR MAY RESULT IN DENIAL, SUSPENSION OR LOSS OF YOUR WEEKLY WORKERS’ COMPENSATION BENEFITS.If your employer schedules an exam by a company doctor, the employer must pay for the exam. Your employer must also reimburse you for the cost of travel to and from the examination by the most convenient means; for the cost of necessary meals if it is a long trip, and for your lost wages, if any, due to your attendance at the examination.

If you live in or around Chicago, personal injury attorneys can answer your questions on Illinois Workers Compensation. Don’t let your employer or its insurance company take advantage of the situation. You need a qualified Illinois Workers Comp Attorney who will fight diligently on your behalf.

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In Illinois, personal injury lawyers who specialize in Worker’s Compensation cases are compelling advocates for the rights of their clients. In most cases, an employer and/or its insurance company are working tirelessly to avoid paying benefits, or, at the very least, dragging out the process for as long as possible. Many times, the employer or insurance company will contact a claimant directly, in an attempt to extract any information which may later cause detriment to the Plaintiff’s case.

Our Chicago personal injury attorney answers some common questions you may have regarding direct contact with your employer or its insurance company - and describes the implications of each.

1. Should I sign papers for my employer or its insurance company?

“You should not sign any papers unless your attorney has first reviewed them. Any document or form that you sign, no matter how harmless it may appear, may be used later by the employer, its insurance company or a third party to damage your claim or reduce its monetary value.”

2. What if my employer or its insurance company wants to tape record me, either by phone or in person?

“Many experienced attorneys recommend that you not give any tape-recorded or signed statements beyond your initial work-injury report completed at the time of injury or discovery of disease. The representatives of your employer can sometimes use your signed or tape-recorded statement to jeopardize your rights under workers’ compensation or in a third-party case.

“If you are represented by a Chicago personal injury attorney and you are asked by your employer or its insurance company to give a statement, you should instruct the claims adjuster or agent to call your attorney for whatever information may be needed. Any qualified Illinois personal injury lawyer will know how to proceed.”

3. What if my employer or its insurance company wants to speak with my doctor when I am not present?”

“The only way your employer or its insurance company is permitted to obtain information from your treating doctor is by making a written request to the doctor for copies of your records or a medical report. You should not permit representatives of your employer to speak directly with your doctor, either by phone or in person, unless you are present.”

If you have questions about an worker compensation claim in Illinois, contact a Chicago personal injury attorney today.

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In this post, our expert Chicago personal injury attorney will advise you of some important considerations when filing an Illinois worker’s compensation claim.

First, it’s important to understand the process. “Filing a claim” means preparing and filing certain legal documents with the Illinois Workers’ Compensation Commission.  Remember: the mere fact that you have reported your injury to your employer or signed a written accident report does not mean that you have “filed” your claim with the necessary agency/commission.

If you are represented by an Illinois worker’s compensation lawyer, as most leading authorities advise, he or she can assist you with a claim form and the necessary documentation.

In most cases, a claim must be filed at the Workers’ Compensation Commission within three years of the date of the accident or within two years of the last payment of compensation, whichever is longer. In occupational disease cases, the time limit will vary depending on the type of disease that you have been exposed to.

In most cases, if you fail to file your claim with the Workers’ Compensation Commission within the time limits allowed by law, you may be forever barred from receiving workers’ compensation benefits for your injury. By seeking representation from a qualified Chicago personal injury attorney, you can rest assured all timely considerations will be met.

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In the state of Illinois, personal injury lawyers who specialize in Worker’s Comp cases are extremely familiar with the process of reporting a work accident or injury. To assist you in protecting your rights according to the Illinois Workers Compensation Act, our Chicago personal injury attorney answers the following common questions related to reporting an injury:

1. When should I report my injury?

   “You should report your injury immediately, even though the law allows you more time to do so. Delays in reporting may create suspicion on the part of your employer, which increased the chance that the employer will dispute your case.

   “In most cases, you must notify your employer of the injury within 45 days after the accident occurred. Injuries caused by repetitive work activity with no specific traumatic accident must be reported within 45 days of the date in which the condition first became apparent. Radiation injury must be reported within 90 days after you suspect that you were exposed to radiation. Occupational diseases must be reported as soon as practical once you become aware of the condition. DELAY IN REPORTING AN INJURY OR DISEASE CAN RESULT IN LOSS OF ALL BENEFITS.”

2. Whom should I notify?

   “You should notify a person in a position of authority, such as a supervisor, foreman, safety director, dispatcher, personnel director, owner, corporate officer, company nurse, plan physician, or member other member of management.”

3. Must the notice be in writing?

   “Oral notice is allowed, but it is to your advantage to fill out a written accident report. Otherwise, it is possible that your employer may later deny that you gave oral notice of your injury.

   Note: It is very important that you request a copy of your written notice at the time of completion and submission. You should keep a file of ALL communication regarding your work-related injury or disease, including the names and dates of any insurance company, claims adjuster, case manager or insurance company nurse who contacts you.

4. What should the notice include?

   “Notice of injury should include the date and place of the accident, if known. To avoid delays, we also recommend that you include your full name, address, telephone number, Social Security number, date of birth, and a brief description of the injury, accident or disease.”

If you have questions about your Workers’ Compensation case in Illinois, personal injury attorneys are here to help.

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When injured on-the-job, many employees might be hesitant to file a report, especially if the injury at first seems minor. But Chicago personal injury attorneys say your employer has a legal right to know about any injury.

According to Illinois personal injury lawyers who specialize in Workers’ Comp cases, if you delay or fail to notify your employer of your injury, you may lose your right to receive any compensation. Thus, even if your injury does not seem to be serious, the event or injury should be reported immediately.

By properly reporting your accident to your employer in a timely fashion, you can rest assured your rights will be protected.  In far too many cases, say Illinois Workers Comp Lawyers, a seemingly minor injury goes unreported, only to later develop into a seriously debilitating condition with lifelong implications, leaving the victim with little or no legal recourse.

If you are confused about how to report an injury or whether or not your specific case will fall under the provisions of Illinois Worker’s Compensation laws, you may contact a Chicago personal injury attorney who specializes in Worker’s Comp cases for our state of Illinois. Personal injury lawyers will be able to answer your questions and help you successfully navigate the system.

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Many Chicago personal injury attorneys specialize in Worker’s Compensation claims in Illinois. Personal injury lawyers are dedicated to protecting their clients’ rights and benefits under the Illinois Workers’ Compensation Act.

The first step in understanding the law is understanding what classifies a case as workers’ comp. “Worker’s Compensation” is simply a system of benefits for people who have suffered a job-related injury or disease. Just about every worker in Illinois will be covered by worker’s comp. Your employer bears responsibility for payment of your workers’ comp benefits, either directly or through a worker’s compensation insurance carrier or claims service company.

Gaining access to the benefits you deserve is not always easy, say Chicago personal injury attorneys. But rest assured by the fact that failing to provide workers’ compensation benefits for employees can result in fines against the employer, and in the case of employee injury, the employer may lose their workers’ compensation protection and can be held liable in a third-party lawsuit.

If you were hurt at work and you live in Illinois, personal injury lawyers can help you understand Workers’ Compensation claims. The next few posts by our Chicago personal injury attorney will explain in more detail some of the basics you need to know about Worker’s Comp.

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If you’re injured while on the job, will you be covered by workers’ compensation insurance through your employer?

Will your medical bills be paid for, and if so, will it be in a timely manner?

Could your case and/or your benefits be denied? What might cause this?

Should you let your employer and/or their insurance representative tape record your conversations?

Chicago personal injury attorneys say what might seem like a “no-brainer” case to you can often become complicated and distorted over time, as these and other questions are bound to pop up. Sadly, there’s often third-party liability that injured employees are not aware of and fail to receive compensation from.

It’s wise to seek a knowledgeable Illinois personal injury lawyer immediately if injured on the job, one who is experienced with the laws surrounding work accidents and can best protect your right to full compensation under the Illinois Workers’ Compensation Act.

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Today’s question for our Chicago personal injury lawyer deals with an employer’s attitude toward an on-the-job injury.

Question: “I was injured on June 19 2006. I have had 2 herniated disks. Now, it has become degenerative. I was injured by positioning heavy items on pallets. On January 9, 2007, my employer fired me because I didn’t call or show up to work for 5 days. I kept telling the doctor I hurt more at work and I felt I shouldn’t go, but he said I should go.

“They just approved me for evaluation on physical therapy, to see what I am capable of doing. The date of this is January 30. I still have to call to confirm this appointment. I know I should have called them to keep my job, but I didn’t like how they treated me. They made me feel like I was faking my injury. I’m just wondering is there any thing I can do? Did I wait too long to talk to a Chicago personal injury attorney?”

Illinois personal injury lawyer: Thank you for your inquiry regarding workers’ compensation in Illinois.

Based upon this information, it is my opinion that you have sustained a compensable work injury that entitles you to receive benefits for lost time, medical expenses, and permanent disability, if any, resulting from the injury.

If your employer or its workers’ compensation insurance carrier refuses to provide benefits under the Illinois Workers’ Compensation Act, including payment of compensation for temporary total disability or the cost of reasonable and necessary medical treatment relating to your injury, now or in the future, you have a right to a hearing before an Arbitrator at the Illinois Workers’ Compensation Commission — the court that hears such cases — in order to secure payment of those benefits.

You asked whether you waited too long to contact a Chicago personal injury attorney. Most authorities generally agree that an injured worker should secure the services of an attorney to handle his workers’ compensation case as soon as possible, in order to ensure that his legal rights are protected to the greatest possible extent. However, as the statute of limitations has not yet expired in your case, it is certainly not too late to seek the involvement of an attorney at this time. We would recommend that you retain the services of an experienced Illinois personal injury attorney or law firm whose practice is concentrated in the field of Illinois workers’ compensation.

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