Chicago Personal Injury and Workers’ Comp Attorney Answers Your Questions on “Ask the Attorney”
Today’s question: “I knew that I might need a knee replacement in the future due to an old injury. I had a recent injury to the same knee while at work and now need the surgery sooner. Is this covered under my workers’ comp claim?”
Illinois Personal Injury Lawyer: “The employer takes the injured worker as it finds him. Whatever pre-existing injuries, medical conditions or weaknesses you bring into the employment with you, become a part of you as a “cog” in the employer’s overall machinery. It is not a defense to a Workers’ Compensation claim, that an employee had “some pre-existing weakness or condition” that rendered him more susceptible to injury.
If you’re injured at work, you’re entitled to receive benefits under the worker’s compensation law, so long as your injury was causally related to some act or phase of the employment. The employment does not have to be the sole cause of your injury; it does not even have to be the principle cause of your injury. It merely has to be “a” cause - one contributing cause - to your injury and any resulting disability that stems from your injury.
You were told you would need a total knee replacement, but from the information you’ve provided to me; it sounds like the work injury accelerated the need for that knee replacement. Prior to your work injury, you might have needed that knee replacement, say, 5 or 10 or 15 years down the road. Now, you need it immediately. Provided your doctor is willing to substantiate your claim, my feeling is that your employer is responsible to cover that surgery.”
If you have questions about an Illinois Workers Compensation case, contact a Chicago personal injury attorney if you are a resident of Illinois. Personal injury lawyers are familiar with the specific workers comp laws for our state.
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Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”
Today’s Question: “A fellow worker was driving the wrong way and hit my vehicle. Can I file a Third Party suit?”
Chicago Personal Injury Attorney: “A third party suit is a separate legal case against someone other than your employer who might have been at fault in causing your injury. Most cases in which an individual is injured while operating a motor vehicle on the job do result in a third-party case. You would have your workers compensation claim against your employer, and you would have an entirely separate third-party lawsuit for automobile negligence against the operator of the motor vehicle who injured you.
A third party case, if you can prove liability, is typically worth far more than a worker’s comp claim. The reason is because in a third-party case, you can recover money damages for pain and suffering, mental anguish, full wage replacement, and so forth. These are things you’re not allowed to recover for in a workers comp claim, where the remedy is limited to lost time, permanent disability and medical bills.
However, in your case, because you were injured by a fellow employee, you fall into an exception to the general rule. You would not have the right to file a third party claim. In Illinois, we have what is called the “fellow servant” rule. Under the fellow servant rule, if you’re injured as the result of a negligent coworker, your exclusive remedy is under the law of Workers Comp, and you do not have the right to bring that separate lawsuit against your fellow servant.”
If you have questions about Workers Compensation cases in Illinois, personal injury lawyers will be happy to help. In Chicago, personal injury attorneys who specialize in workers’ comp cases are very familiar with the laws that apply to our state.
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This week we are continuing our special “Ask the Chicago Personal Injury Attorney” segment.
Today’s question: “I hurt my back years ago and now my workers’ comp carrier wants to use that as an excuse not to pay for a new back injury I recently had on the job. Can they do that?”
Illinois Personal Injury Lawyer: “The injured worker does bear the burden of proving every element of his case. That includes what we call “causal connection”. Causal connection means that your condition of ill-being (in your case, a back injury) is related to some activity, accident or event that occurred at work. If your employer chooses to dispute it, they’ve got to have a basis to do so. It’s not enough to simply take the position that you haven’t proven the case to their satisfaction.
Chicago personal injury attorneys who specialize in Worker’s comp cases frequently see disputes where the injured worker had some pre-existing condition. The burden of proof requires that your pre-existing condition was aggravated or accelerated by the work activity.
The employer takes you as they find you. So, if you happen to have a so-called “bad back” when you begin working on the job, and then you have some work accident or event that worsens that pre-existing condition, that’s a perfectly clean case. And, that’s a case you should win at the Illinois Workers’ Compensation Commission, which is the court that hears these cases.
Generally speaking, if you’re free of treatment, and free of symptoms (or relatively free of symptoms), for a significant period of time, and then you have a work injury that causes the renewed onset of those symptoms, you should win your case.”
For more information about Worker’s Compensation cases in Illinois, contact a Chicago personal injury attorney today.
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In part three of this week’s series, a reader asks this question: “My doctor wants me to have an MRI for my work injury, but the insurance company won’t approve it. Do I have any recourse?”
Chicago Personal Injury Attorney: “You do! Whenever a dispute arises regarding delivery of benefits in a worker’s compensation case – and that could be benefits for lost time, payment of medical expenses or authorization of medical treatment, or compensation for permanent disability – you have the right to a hearing before an arbitrator at the Illinois Workers Compensation Commission, which is the court that hears worker’s comp cases.
As the injured worker, you bear the burden of proving every element of your case. When we’re talking about medical treatment, or some type of diagnostic test like an MRI, it’s necessary to prove that the treatment is reasonably necessary to cure or relieve the effects of the injury.
Normally, in the case of a diagnostic test that’s not too difficult, but it could require a medical opinion from your doctor, sometimes even medical testimony.
The employer also has rights. The employer has the right to present its own medical evidence, to rebut your proof, or to demonstrate that the test or treatment is somehow either unrelated to the injury, or is not reasonable or necessary to treat the condition.
If you’re represented by council in your workers compensation case, your Illinois personal injury lawyer will know how to proceed. If you have further questions, contact a Chicago personal injury attorney who specializes in Workers Compensation cases.
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This week’s question for our Illinois personal injury lawyer: “I hurt my shoulder at work and filled out an injury report. Isn’t it up to my employer to fill out a workers’ compensation claim for me?”
Illinois Workers Comp Lawyer: “Worker’s compensation in Illinois is an adversary system. There’s very little that the employer has to do in terms of procedure to help you with your case. The employer does have an obligation under the law and under their contract of workers’ compensation insurance to inform the insurance company that they have had an accident on the job. They do not have to file your claim for you, that’s up to you!
Most people hire an Illinois personal injury lawyer who specializes in Workers Comp to file the claim. Some do not. My personal recommendation is that people with legal cases should be represented by council.
The claim has to be filed with a special court – the Illinois Workers Compensation Commission. It has offices in Chicago, and it holds hearings throughout the state of Illinois.
There is a statute of limitations for worker’s compensation claims. The statue of limitations requires that a claim for work injuries be filed with the Worker’s Compensation Commission within three years from the date of the accident, or within two years from the last payment of compensation benefits, whichever occurs later. If you don’t file your claim within the statute of limitations, in most cases, you will lose all your rights under Worker’s Compensation laws, and your employer will owe you nothing for your injuries.”
It is in your best interest to seek representation from a Chicago personal injury attorney if you are filing a workers compensation claim in Illinois. Personal injury lawyers will help you receive full compensation according to the law.
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In Illinois, personal injury lawyers who specialize in Workers Compensation claims can help you understand your rights according to Illinois law. In this week’s special feature, our Chicago personal injury attorney answers your questions about Workers’ Comp.
Question: “My employer wants me to seek workers’ comp treatment through the company doctor. I’d prefer to see my own doctor. What are my legal rights?”
Chicago Worker’s Comp Attorney: “In Illinois, you have the absolute right to choose your own doctor for treatment. There are limits to the number of doctors you can choose. We call this the “two doctor rule.” But, it really means more than two doctors. It really means two referral chains; in other words, you have a right to choose any doctor of your own choice, plus any number of doctors that your physician refers you to. In addition, you have the right to choose an entirely separate doctor, plus any number of physicians this second doctor refers you to.
“Beyond that, if you wish to choose a third doctor, your employer is not responsible for payment to that third doctor unless the employer agrees to do so.
“The employer does have the right to have you examined by its doctor. That has to be at a reasonable time and place, and they do have to pay you the cost of travel to attend the examination. There is a difference between examination and treatment. They cannot force you to receive treatment from the examining doctor that they’ve hired.
“Sometimes injured workers in Illinois choose to treat with the company doctor, and you are certainly within your rights if you choose to do so. But an employer certainly cannot compel you to treat with the doctor that they’ve chosen.”
For more information, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers can help you understand the complicated guidelines of Illinois Workers Compensation.
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PUSHING PAIN MEDS OVER SURGERY
Chicago personal injury attorneys often specialize in Worker’s Comp cases and can answer virtually any legal question you may have. The following is another answer to an interesting question from one of our readers:
“I have a repetitive wrist injury and would like to have surgery but my workers comp carrier wants me to remain on pain meds instead. Can they dictate my care?”
Chicago Personal Injury Attorney: “Let’s make clear that it makes no difference whether your injury is repetitive in nature, or whether it’s a specific incident of trauma. Under Illinois law, both the repetitive or cumulative trauma injury, and the specific incident of trauma meet the definition of a work accident under our [Illinois] Workers Compensation Act.
In terms of your choice of medical treatment, Illinois allows for employee choice of doctor. I believe that’s now the minority rule. Most states permit the employer to pick the treating doctor. That’s not the case here. As long as the prescribed course of treatment is reasonable, necessary, and causally related to your work injury, you’re entitled to rely on the opinion of your own doctor as to the prescribed course of treatment. If there is a dispute over what type of treatment you should have, you are entitled to a hearing before an arbitrator before the Illinois Workers Compensation Commission. The arbitrator will decide, essentially, which doctor to believe, whether it’s the treating physician or the ‘hired gun’ from the insurance company who doesn’t want you to have surgery.”
If you have questions about a Workers Compensation case in Illinois, personal injury lawyers can greatly assist you.
For more legal questions answered by a Chicago personal injury attorney, visit our “Ask an Attorney” audio feature.
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Workers Compensation guidelines seem fairly simple: if you were injured while on the job, you should be covered by workers compensation. But what about traveling to and from work? What if you sustained injury while driving home, or if you made a stop related to work?
Our Illinois personal injury lawyer explains that injuries sustained going from home to work, or from work to home, are generally not covered under the law of workers compensation. (You might, however, have a lawsuit against another driver if you were in a motor vehicle accident.) Ordinarily, if you were just driving to or from work, you would not be covered under worker’s comp.
But, as in most anything pertaining to the rule of law: there are some exceptions. One is referred to as the “traveling employee” exception. This would apply if you were assigned by your employer to travel somewhere for the purpose of work. A traveling employee is considered to have expanded the scope of his or her employment to include the hazards of driving. Obviously, one of these hazards is the risk of a motor vehicle accident.
Another exception is the “special mission”. If you are assigned to do something unique that takes you away from your normal route, this could be considered within the realm of workers compensation in Illinois.
Personal injury lawyers who specialize in workers compensation cases are very familiar with the guidelines and exceptions of the law. If you were injured at work in or around Chicago, personal injury attorneys can help you obtain the compensation you deserve.
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What to do when your disability payments suddenly stop
If you’re injured on the job, and you stop receiving either lost time benefits or reimbursement for medical expenses related to your injury, you have the right to file what’s called a “petition for emergency hearing” with the Illinois Workers Compensation Commission (the court which hears Worker’s Compensation cases in the state of Illinois).
Your case will be heard by an arbitrator, and it is considered to be an “adversarial meeting”, which means your employer will be represented by council, and thus you have the right to representation by an Illinois personal injury lawyer who focuses on worker’s compensation claims.
This begs the question: should you hire a Chicago personal injury attorney to represent your worker’s comp case? Of course, you are guaranteed the right by law to represent yourself in any type of case. Some people even choose self-representation on very serious cases, such as in a death penalty proceeding. That doesn’t mean it is a wise decision. Hiring an Illinois personal injury lawyer who is proficient in Worker’s Compensation law will be able to offer you the best type of representation, due to his experience and knowledge of the field. He will be able to best present evidence supporting your claim.
In this type of case, the arbitrator will decide if you are eligible to continue receiving benefits, and will issue a written decision to both parties. Remember, this decision can be appealed to the higher courts, and theoretically, all the way up the court system. In the event you decide to appeal, you will most certainly benefit from competent representation by an Illinois personal injury lawyer if you live in or around Chicago. Personal injury attorneys who specialize in worker’s compensation cases can help you achieve the maximum benefits you are guaranteed by law.
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When injured on the job in Illinois, many workers fear they will become responsible for paying mounting medical bills. In this case, it is often advisable to seek representation by a Chicago personal injury attorney who specializes in workers comp cases. He or she can ensure your rights are protected. Under the Illinois Worker’s Compensation Act, your employer is responsible for payment of all medical bills that are reasonable, necessary, and related to the work injury. An Illinois personal injury lawyer can help you ensure payment is made by your employer or its workers’ comp insurance carrier.
Due to some recent amendments to the worker’s compensation laws, medical providers are no longer allowed to place unpaid medical bills in collections, or send you a bill for the unpaid balance, or file suit on those bills. All they can do is send you reminders. There are certain actions that you or your Chicago personal injury attorney need to take in order to place the medical provider on notice that a bill is related to a worker’s compensation claim. Once they are made aware of that fact, they have to hold those bills in abeyance until the conclusion of your Worker’s Compensation claim.
Obviously, if a bill is found to be not compensable under your workers comp case, you are ultimately responsible for payment. However, as long as those bills are related to the work injury, you have a right to have your employer or its workers comp insurance carrier pay those bills. A competent Illinois personal injury lawyer who concentrates on workers comp cases can ease your worries about payment, and ensure you are protected according to the law.
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