Illinois Personal Injury and Workers' Compensation Frequently Asked Questions

Question 1

Do I Need A Lawyer For Every Injury Claim?

Accepted Answer

No. Some minor injury matters can be handled without an attorney. Legal advice becomes more important when injuries are serious, medical treatment is ongoing, liability is disputed, insurance coverage is denied, substantial work time is lost, surgery is recommended, or permanent limitations may remain.

Question 2

What If The Insurance Company Has Already Offered Me Money?

Accepted Answer

An early settlement offer should be evaluated against the complete claim. Before accepting, consider whether treatment is complete, future medical needs are known, lost income has been calculated, liens have been identified, and the permanent effects of the injury are reasonably understood.

Question 3

Can I Recover If I Was Partially Responsible For An Accident?

Accepted Answer

Potentially. Illinois generally allows an injured claimant who is 50 percent or less responsible to recover damages, although the recovery is reduced by the claimant's percentage of fault. A claimant who is more than 50 percent responsible is generally barred from recovery under the modified comparative negligence rule.

Question 4

How Soon Should I Report A Workplace Injury?

Accepted Answer

A workplace injury should be reported as soon as practicable. Illinois generally requires notice to the employer no later than 45 days after a specific work accident, although different rules can apply to repetitive-trauma and certain occupational exposure claims.

Question 5

Can I Choose My Own Doctor For A Workers' Compensation Injury?

Accepted Answer

Illinois workers' compensation law generally provides injured employees with some choice of medical providers. However, statutory provider-selection limits and an employer's approved Preferred Provider Program can affect which treatment providers are covered.

Question 6

How Much Is My Case Worth?

Accepted Answer

There is no reliable average settlement that determines the value of an individual case. Liability, wages, medical evidence, treatment, permanent impairment, future care, work restrictions, insurance coverage, earning loss and litigation risk can all affect the outcome.

Question 7

What If My Work Injury Was Caused By Someone Other Than My Employer?

Accepted Answer

A workplace injury caused by a legally responsible third party may create both an Illinois workers' compensation claim and a separate personal injury claim. The claims must be coordinated because different parties, damages, benefits and reimbursement rights may be involved.

Question 8

Where Can I Find More Answers About Illinois Personal Injury And Workers' Compensation?

Accepted Answer

Robert Edens Law Office publishes a consolidated Illinois Personal Injury and Workers' Compensation FAQ resource addressing deadlines, insurance claims, medical treatment, disability benefits, settlements and other common questions.

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