We get so many good questions from people with Illinois workers’ compensation claims. If you have a question or want an attorney referral, you can call us any time at 312-346-5320. We help people all over Illinois and would be thrilled to help you.
Here is a list of some of the best work comp questions we have received in the last few months:
When does workers comp start paying lost wages?
Under Illinois law, you are entitled to pay for missing work due to a job accident on the 4th calendar day after the injury. A check would typically be cut around two weeks after an accident, but insurance companies are notorious for their delays.
Can work comp be denied because I have a pension from the State from my old job?
No. That should not affect your case or your entitlement to benefits. What matters are the facts of how you got hurt and what your injury is.
I got hurt at work and used my own insurance. Will they pay me back?
If you paid anything out of pocket and it’s a work injury, you absolutely should be reimbursed for that. Illinois work comp law covers 100% of any medical bills and there should be nothing out of pocket for the injured worker.
How can I get a copy of my settlement contract from 2018?
There are two ways to solve this problem. First would be to call your attorney who should have a copy of it. Second would be to call the Illinois Workers’ Compensation Commission as they will also have a copy. That said, whenever someone settles a case, we highly encourage them to keep a copy of the contract in a safe spot in case they need to prove how all that money got in their bank account or that they do not owe taxes on it.
Can you file a bad faith lawsuit related to delayed work comp benefit payments?
You can not. What you can file that has similar effect is something called a petition for penalties and fees which will punish the insurance company for their bad behavior and require them to pay your lawyer fees related to those fines.
Can an attorney add a separate fee on top of the twenty percent in a workman’s comp settlement?
I’m being charged over 3200 for a deposition, medical records, and transcripts. I thought those were normal procedures in a workman’s comp case and should be covered under the twenty percent set by Illinois?
An attorney’s fee is 20% of the settlement. But they also are entitled to be reimbursed for their expenses on the case. So if the case settles for $50,000 and there are $2,000 in expenses, the injured worker would receive $38,000, tax free. The attorney advances all of this money and takes on the risk of getting reimbursed. All that said, you absolutely should be advised as to what they are spending money on as the case goes along and get an itemized list when it is over.
I live paycheck to paycheck. I can’t wait for my TTD. Is it ok to use my vacation days?
It is, but your attorney should do whatever they can to get those vacation days reinstated and require the insurance company to reimburse your employer.
I broke my thumb at work and had surgery. I work two jobs. The second job is not following my restrictions. Is there anything I can do?
While some of this may be better asked to a labor lawyer, if you have restrictions that are not being accommodated, you can certainly refuse to risk your health and recovery and not work that other job. If that happens, the work comp insurance should compensate you for your missed pay assuming the first job was aware of the second job and approved of it.
Hurt my shoulder five months ago, been waiting for MRI approval for three. Is that normal?
It is normal in the extent that it reflects how insurance companies operate, but it is clearly against the law and a problem a good Illinois work comp attorney can likely solve as soon as you hire them.
We hope this list of questions and answers helped you. If you have a question about anything related to Illinois work comp law, please do not hesitate to get in touch.
