The Benefits of Hiring a Workers’ Comp Attorney in Illinois

workers comp

When an individual experiences a workplace injury in Illinois, they may face numerous challenges in navigating the complexities of Illinois’s workers’ compensation system. The process can be overwhelming, from understanding their legal rights to ensuring they receive fair compensation. This is where the experience of a dedicated workers’ comp attorney becomes invaluable. These legal professionals have experience in advocating for injured workers and guiding them through the intricacies of the workers’ compensation claims process.

Ensuring Legal Compliance And Protection

Illinois has specific laws and regulations governing workers’ compensation, and both employees and employers must adhere to these legal requirements. A workers’ comp attorney can make sure that all necessary legal documents are filed correctly and on time, minimizing the risk of claims being denied due to procedural errors. Additionally, an attorney can protect the rights of injured workers by advocating for fair treatment and ensuring they receive the workers’ comp benefits they are entitled to under Illinois law.

Maximizing Compensation And Benefits

One of the primary benefits of hiring a workers’ comp attorney is their ability to maximize the compensation and benefits available to injured workers. These attorneys have a deep understanding of Illinois workers’ compensation laws and can identify all potential sources of compensation, including medical expenses, lost wages, vocational rehabilitation, and disability benefits. By advocating on behalf of their clients, attorneys can negotiate with insurance companies to obtain the maximum amount of compensation possible.

Providing Legal Representation And Support

Dealing with a work injury is very stressful and overwhelming, especially when facing complex legal proceedings. A workers’ comp attorney can provide invaluable legal representation and help throughout the entire workers’ compensation claims process. From gathering evidence to representing their clients in hearings and negotiations, these attorneys serve as powerful advocates for injured workers, ensuring their rights are protected every step of the way.

Handling Appeals And Disputes

In many cases, employers or insurance companies may deny or dispute workers’ compensation claims. For this very reason, having an experienced workers’ comp attorney on your side can be critical. Workers’ compensation attorneys have experience handling appeals and disputes, and they can provide the legal experience needed to challenge denials and fight for the benefits their clients deserve. Whether through negotiation, mediation, or litigation, an attorney can help injured workers pursue the financial compensation they are entitled to under Illinois law.

Hiring a workers’ comp attorney in Illinois can offer numerous benefits to injured workers. From ensuring legal compliance and protection to maximizing compensation and benefits, these legal professionals play an important role in advocating for the rights of injured workers.

By providing legal representation, support, and experience, workers’ comp attorneys help injured workers navigate the complexities of the workers’ compensation system and pursue the compensation they need to recover and move forward. If you’ve been injured in a workplace accident in Illinois, don’t hesitate to seek the assistance of a qualified workers’ comp attorney to protect your valuable legal rights and secure the workers’ compensation benefits you deserve.

Call Our Lake County Workers’ Comp Attorney For Experienced Representation

Contact our team of dedicated Illinois workers’ compensation attorneys. We understand the challenges faced by injured workers and their families and have the experience you need to win your Illinois workers’ compensation claim. Don’t let the stress and uncertainty of a workplace injury overwhelm you. Contact our Cook County workers’ compensation lawyers at The Law Offices of Robert T. Edens by dialing 847-395-2200 to receive your free consultation.

Top Mistakes To Avoid When Filing For Workers’ Compensation In Illinois

workers compensation

Workers’ compensation is a crucial system designed to provide economic support and medical benefits to employees who sustain work-related injuries or illnesses. In Illinois, the workers’ compensation laws aim to protect both employers and employees by establishing a no-fault insurance system. This means that regardless of who is at fault for the injury, employees are entitled to compensation for their lost wages and accident-related medical expenses.

Filing for workers’ compensation can be a complicated and overwhelming process, especially for those who are unfamiliar with the legal system. Making mistakes during the filing process can jeopardize your chances of receiving the benefits you deserve. Here are some common mistakes to avoid when filing for workers’ compensation in Illinois:

Failing To Report The Injury Promptly

One of the biggest mistakes to avoid is failing to report your work-related illness or injury promptly. In Illinois, injured workers are required to report their injuries to their employers within 45 days of the incident. Failure to report the injury within this timeframe could result in a denial of workers’ compensation benefits. It’s essential to notify your employer as soon as possible to ensure that your claim is processed in a timely manner.

Not Seeking Medical Treatment Immediately

Another common mistake is delaying or forgoing medical treatment after a work-related injury. Seeking prompt medical attention is crucial for your health and well-being, as well as for the success of your workers’ compensation claim. In Illinois, injured workers have the right to choose their healthcare provider for the initial treatment. However, it’s essential to inform your employer of your chosen provider to ensure that workers’ compensation insurance covers your medical expenses.

Failing To Follow Doctor’s Orders

Once you’ve received medical treatment for your work-related injury, it’s crucial to follow your doctor’s orders carefully. Failing to comply with your treatment plan or returning to work before you’re medically cleared to do so can negatively impact your workers’ compensation claim. Insurance companies may use evidence of non-compliance to dispute your claim or reduce the amount of benefits you receive. It’s essential to prioritize your health and follow your doctor’s recommendations to avoid complications with your claim.

Not Documenting The Injury And Treatment Process

Proper documentation is essential when filing for workers’ compensation in Illinois. Failing to keep detailed records of your injury, medical treatment, and related expenses can make it challenging to prove the validity of your claim. It’s essential to keep copies of all medical records, bills, receipts, and correspondence related to your injury and treatment. This documentation will serve as evidence to support your claim and ensure that you receive the benefits you’re entitled to under Illinois law.

Filing Without Legal Representation

Attempting to navigate the workers’ compensation process alone can be overwhelming, especially if you’re dealing with a complex injury or facing resistance from your employer or their insurance company. Hiring an experienced workers’ compensation attorney can significantly increase your chances of success and ensure that your rights are protected throughout the process. An experienced workers’ compensation attorney will help you understand your rights, and your legal options, gather evidence to support your claim and negotiate with insurance companies on your behalf.

Call Our Cook County Workers’ Compensation Lawyers

Connect with our team of dedicated workers’ compensation attorneys who understand the challenges faced by injured workers and their families. With extensive experience maneuvering through the complexities of workers’ compensation laws in Illinois, we possess the insight and proficiency to assist you through each stage of the claims process.

Don’t allow the anxiety and ambiguity of a workplace injury to consume you. Act now by reaching out to The Law Offices of Robert T. Edens for a complimentary consultation. Get in touch with our Cook County workers’ compensation lawyers at The Law Offices of Robert T. Edens at 847-395-2200 to receive your free consultation.

Top 5 Mistakes to Avoid When Filing for Workers’ Compensation in Illinois

workers compensation

Filing for workers’ compensation in Illinois is a crucial step for injured workers to receive the benefits they are entitled to after suffering a work-related injury or illness. However, the process can be complex and daunting, and making mistakes along the way can jeopardize your claim and your ability to receive the compensation you deserve. In this article, we’ll explore the top five mistakes to avoid when filing for workers’ compensation in Illinois, backed by relevant statutes to help you navigate the process successfully.

Failing to Report the Injury Promptly

Under Illinois law (820 ILCS 305/6), injured workers must report their workplace injuries to their employer as soon as possible but no later than 45 days after the incident. Failing to report the injury promptly can jeopardize your ability to receive workers’ compensation benefits. Employers may dispute your claim, arguing that the injury did not occur at work or is not as severe as you claim. To avoid this mistake, immediately report any work-related injuries to your employer, even if they seem minor.

Not Seeking Medical Treatment

Another common mistake is failing to promptly seek medical treatment for your work-related injury. Illinois law (820 ILCS 305/8) allows injured workers to choose their own medical provider for treatment. However, delaying medical treatment or not following through with recommended treatment plans can signal to insurance companies and employers that your injury may not be as serious as claimed. It’s crucial to seek medical attention as soon as possible after the injury occurs and follow your doctor’s orders to ensure your health and strengthen your workers’ compensation claim.

Not Documenting the Injury and Treatment

Proper documentation is essential when filing for workers’ compensation in Illinois. Keep detailed records of the injury, including how it occurred, any symptoms experienced, and the medical treatment received. Take photographs of visible injuries, keep copies of medical bills and receipts, and maintain a journal documenting your recovery progress. This documentation can serve as valuable evidence to support your claim and ensure you receive the full benefits you are entitled to under Illinois law.

Failing to Follow the Claims Process

Navigating the workers’ compensation claims process can be overwhelming, but failing to follow the proper procedures can result in delays or denials of your claim. In Illinois, injured workers must file a claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the injury or the date of last payment of compensation, whichever is later (820 ILCS 305/6). Missing this deadline can result in forfeiture of your right to benefits. Additionally, be sure to submit all required forms and documentation accurately and on time to avoid complications with your claim.

Not Seeking Legal Representation

One of the most significant mistakes injured workers can make is not seeking legal representation when filing for workers’ compensation. Illinois workers’ compensation laws are complex, and insurance companies and employers may try to deny or minimize your claim to protect their interests. An experienced Illinois workers’ compensation attorney can help you understand your rights, navigate the claims process, gather evidence to support your claim, negotiate with insurance companies on your behalf, and represent you in any hearings or appeals. Having legal representation can significantly increase your chances of receiving the full benefits you deserve.

Filing for workers’ compensation in Illinois can be challenging, but avoiding these common mistakes can help ensure your claim is successful and that you receive the benefits you are entitled to after suffering a work-related injury or illness. By promptly reporting the injury, seeking medical treatment, documenting the injury and treatment, following the claims process, and seeking legal representation, you can protect your rights and secure the compensation you need to recover and move forward. If you have questions about filing for workers’ compensation or need assistance with your claim, don’t hesitate to contact experienced Illinois workers’ compensation attorneys for guidance and support.

Call Our Illinois Workers’ Compensation Attorney For Top-Rated Representation

After you sustain a work-related injury, there are various legal and insurance issues to navigate. But you don’t have to go through it alone. At The Law Offices of Robert T. Edens, we’re here to help you every step of the way, ensuring you understand your rights under Illinois workers’ compensation law. With our deep understanding of these claims and insurance matters, we’re committed to fighting for the compensation and fairness your case deserves.

Don’t let the uncertainty of a workers’ compensation claim hold you back from your recovery. Contact our Illinois workers’ compensation attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. Together, we’ll develop a plan to move forward, using our legal knowledge to protect your rights and achieve the best possible outcome for you.

Can Workers’ Comp Force You To See Their Doctor?

workers comp

Workers’ compensation in Illinois is a system designed to support employees who suffer work-related injuries or illnesses. Governed by the Illinois Workers’ Compensation Act, this program is a crucial element of the state’s labor laws, offering protection and relief to workers across various industries.

The fundamental principle of workers’ compensation is to provide financial assistance and medical care to employees injured on the job, regardless of fault. This system is a form of insurance that most employers in Illinois must carry, ensuring that workers have access to necessary benefits while protecting employers from direct lawsuits for workplace injuries.

The scope of workers’ compensation in Illinois is comprehensive, covering medical expenses, lost wages, and rehabilitation costs associated with workplace injuries or illnesses. It operates under a no-fault system, meaning that employees do not need to prove employer negligence to receive benefits.

However, in exchange for these guaranteed benefits, workers generally forfeit the right to sue their employer for damages related to the injury. This trade-off is a cornerstone of the workers’ compensation system, aiming to balance the interests of both employees and employers.

Under these laws, workers have specific rights, including the right to receive medical treatment, the right to return to work after recovery, and the right to disability compensation if they cannot return to work. Employers, on the other hand, have obligations that include providing workers’ compensation insurance, ensuring a safe work environment, and complying with claims without retaliation against the injured worker. Understanding these rights and obligations is critical for both employees and employers in navigating the workers’ compensation landscape in Illinois.

The framework of workers’ compensation in Illinois is designed to ensure that employees who are injured or fall ill due to their jobs receive prompt and effective medical treatment and financial support. The system emphasizes the importance of workplace safety and aims to facilitate a smooth process for recovery and return to work, benefiting both the employee and the employer.

Understanding Medical Evaluations in Workers’ Comp Cases

Medical evaluations are pivotal in the administration of workers’ compensation claims in Illinois. These evaluations are essential in determining the nature and extent of the work-related injury or illness, which in turn influences the benefits an employee is eligible to receive. The accuracy and thoroughness of these medical assessments are crucial, as they directly impact the decision-making process regarding the approval and extent of workers’ compensation benefits.

There are primarily two types of medical examinations in the realm of workers’ compensation: Independent Medical Examinations (IMEs) and regular treatment evaluations. IMEs are typically requested by the workers’ compensation insurance provider or the employer and are conducted by a doctor who is not the injured worker’s chosen physician.

The purpose of an IME is to obtain an unbiased opinion about the employee’s medical condition, the necessity of proposed treatments, and the extent to which the injury is work-related. In contrast, regular treatment evaluations are conducted by the healthcare provider chosen by the injured worker, focusing on treating the injury and documenting its progress.

The criteria used to determine the necessity and frequency of these evaluations can vary based on the specifics of each case. In general, factors such as the severity of the injury, the expected duration of recovery, the type of medical treatment required, and any disputes regarding the claim can influence the need for and timing of medical evaluations. For instance, in cases where the severity of the injury is unclear or contested, an IME may be requested to provide a clearer picture of the employee’s medical status. Similarly, ongoing treatment evaluations are necessary to monitor the worker’s recovery progress and adjust treatment plans.

In Illinois, the workers’ compensation system aims to ensure that medical evaluations are conducted fairly, impartially, and conducive to the accurate assessment of each claim. This involves balancing the need for independent medical opinions with the worker’s right to receive treatment from a trusted healthcare provider. The frequency and type of medical evaluations are thus carefully considered, taking into account the unique circumstances of each injury or illness and the overall goal of facilitating the employee’s recovery and return to work.

Legal Provisions Regarding Employer-Directed Medical Examinations

In Illinois, the legal framework governing workers’ compensation includes specific provisions about employer-directed medical examinations. These laws delineate the circumstances under which an employer can mandate an employee to undergo a medical evaluation by a specific doctor and outline the rights and protections afforded to employees in these situations.

Under the Illinois Workers’ Compensation Act, employers have the right to request that an injured worker undergo an Independent Medical Examination (IME) by a physician chosen by the employer or the insurance company. This right is typically exercised when there is a dispute about the nature of the injury, the necessary treatment, or the extent to which the injury is work-related. The purpose of the IME is to obtain an objective assessment of the employee’s medical condition, which can be used to determine workers’ compensation benefits.

However, the law also provides safeguards to protect the interests of the employee. One key provision is that the IME should be conducted at a reasonable time and place, considering the employee’s condition and the need for timely medical evaluation. Furthermore, the employee has the right to refuse an examination that does not comply with these conditions. Additionally, employees are entitled to have their own physician present during the IME, which can provide an extra layer of assurance that the examination is conducted fairly and impartially.

Another important aspect of Illinois law is that while employers may require an IME, they cannot unilaterally dictate the ongoing medical treatment for an injured worker. Employees have the right to choose their own doctors for their treatment, subject to certain conditions under the law. This ensures that employees can seek treatment from healthcare providers they trust, which is crucial for their recovery.

In situations where an employee is compelled to see a doctor selected by the employer or the insurance company, it is essential that the employee understands their rights. They have the right to a respectful and unbiased examination and can contest any part of the process they believe to be unfair or unreasonable. Additionally, if an employee feels that the results of an IME are incorrect or biased, they can seek a second opinion from a doctor of their choosing, although this may be at their own expense.

Implications of Refusing an Employer-Directed Medical Exam

In the context of workers’ compensation in Illinois, refusing an employer-directed medical examination can have significant implications. While employees have certain rights and protections, non-compliance with a legitimate request for a medical evaluation can lead to complex legal and financial consequences.

One of the primary repercussions of refusing an employer-requested medical exam is the potential impact on workers’ compensation benefits. If an employee declines to undergo an Independent Medical Examination (IME) without a valid reason, it could result in the suspension or denial of their workers’ compensation benefits.

The rationale behind this is that IMEs are often requested to assess the extent of the injury and to confirm the necessity of the treatments being provided. Without this independent assessment, the employer or the insurance company may challenge the validity of the claim or the need for ongoing benefits.

However, this does not mean that employees are without recourse if they have concerns about an employer-directed medical exam. In Illinois, workers who disagree with their employer’s medical exam requirements have several legal options. Firstly, they can contest the necessity or conditions of the IME. For instance, if the proposed examination is not at a reasonable time or place, or if the employee feels that the process is unfair, they can legally refuse the exam and seek to have the conditions modified.

Another option available to employees is to consult with their own healthcare provider or a legal representative. This can be especially useful in situations where there are disputes about the nature of the injury or the treatment required. An employee’s doctor can provide a second opinion or medical evidence to support the worker’s claim, and a lawyer can offer advice on how to navigate the situation while protecting the employee’s rights.

It’s also important for employees to understand that while they have the right to refuse an IME under certain conditions, doing so requires careful consideration of the potential consequences. The decision should be based on sound medical and legal advice, rather than on a unilateral determination by the employee.

Navigating the landscape of medical examinations in workers’ compensation claims in Illinois can be a nuanced and complex process. It’s essential for both employers and employees to understand the key aspects of employer-directed medical exams and how they fit into the broader context of workers’ compensation claims.

A critical takeaway is the legality and common practice of employers requesting Independent Medical Examinations (IMEs) in certain circumstances. These exams are intended to provide an objective assessment of the employee’s injury and are particularly common when there are disputes regarding the nature or severity of the injury.

However, it’s equally important to recognize the rights and protections that employees have in these situations. Illinois law mandates that these exams be conducted at a reasonable time and place and ensures that employees are not compelled to undergo unfair or biased evaluations.

Understanding your rights and obligations in this process is vital. Employees should be aware that while they can refuse an IME under specific conditions, doing so without a valid legal reason could adversely affect their workers’ compensation benefits. On the other hand, employers must ensure that their requests for medical exams are justified and in compliance with the legal standards set forth in Illinois.

In cases where there is a disagreement or confusion regarding employer-directed medical exams, seeking legal advice or assistance is highly recommended. Legal professionals who practice in workers’ compensation law can provide invaluable guidance and representation. They can help clarify the legal nuances, protect your rights, and ensure that the actions taken are in accordance with Illinois laws. Whether it’s disputing the conditions of an IME, contesting the suspension of benefits, or simply navigating the complexities of the workers’ compensation system, legal counsel can be a crucial resource.

Speak With Our Antioch Workers’ Compensation Lawyer Today!

If you, or someone you love, has been injured on the job call Bob and put his 20+ years of experience to work explaining the law and letting you know your legal options. During the initial evaluation, Bob will take a detailed look at your case and let you know whether you need an attorney and exactly what he can do for you.

The evaluation is FREE. You will not be pressured in any way to sign a contract. After hearing the details of your case, Bob and you can decide if you need an attorney, and if so, whether his law firm is right for you.

Were you injured in an accident caused by the negligence of another? Contact our Antioch workers’ compensation lawyer today for your free case evaluation. For immediate assistance, call The Law Office of Robert T. Edens at (847) 395-2200.

What Not To Do With Your Workers’ Compensation Doctor

workers' comp doctor

If you are hurt on the job, you should be able to get workers’ comp for your medical bills and partial wages. But many things can go awry in a workers’ comp claim, and one of them involves your treating doctor.

You have the right in Illinois to choose your treating doctor during your recovery, and you may also have to deal at some point with the insurance company’s doctor. In either case, there are certain things you should not do when working with your treating doctor. If you need assistance with your claim or injury, our Cook County workers’ compensation lawyers can offer outstanding representation.

Your Rights In An Illinois Workers’ Comp Case

Illinois state law states that the employer must pay for all necessary medical care to deal with your work-related illness or injury. When needed, the employer must also pay for mental, physical, and vocational rehabilitation.

The employee is allowed to select two physicians, surgeons, or hospitals. If the company informs you that it has an approved preferred provider program (PPP) for workers’ comp, the preferred provider counts as one of your two choices.

What Not To Do

There are several things you should refrain from dealing with your treating physician. This is true whether it is your personal doctor or the insurance company doctor:

Do Not Lie

You should always tell the truth to the doctor about what happened that injured you. It could be tempting to not tell the truth about how the accident occurred, but it will not benefit your case and could hurt it. Remember, fault does not usually matter in an Illinois workers’ comp case; as long as you were injured at work, you should receive benefits. So, obscuring the truth about how it happened is not necessary.

Also, the doctor deals with workers’ comp injuries often. They probably know how the injury happened, and if something sounds off in your explanations, it could raise red flags and affect your benefits.

Do Not Omit An Earlier Injury

It is common for injured parties to have a preexisting condition in the body area or part that was injured at work. If you have a preexisting injury, remember to disclose it to your treating physician. Do not attempt to hide it or omit this vital information. You are not precluded from receiving worker’s comp because of a preexisting injury.

Do Not Exaggerate

Do not exaggerate your injury because you think it benefits your case. Be honest about the injury, how it happened, and your pain. Your benefits and recovery depend on you telling the truth to your treating doctor. The doctor sees many work-related injury cases and probably can spot people who is not telling the truth.

Speak To Our Cook County Workers’ Compensation Lawyers

If you were hurt at work in Cook County, you can probably receive workers’ compensation during your recovery. But you should ensure that you comply with your workers’ comp doctor’s instructions, or your benefits could be at risk. For assistance with your case, speak to our Cook County workers’ compensation lawyers at The Law Office of Robert T. Edens at (847) 395-2200. Mr. Edens may be able to obtain a better workers’ compensation settlement than you could on your own.

How Medical Restrictions Can Impact Workers’ Comp Claims

medical restrictions

Being hurt on the job in Illinois can have a serious, negative effect on your life. But most employers in the state must provide workers’ compensation insurance, so it is possible to keep your head financially above water as you recover. But how can medical restrictions affect your workers’ comp claim? Find out the answer in this article, and contact our Antioch workers’ compensation lawyers if you have case-specific questions. Attorney Robert T. Edens will review the matter and tell you if an attorney could benefit your situation.

What Are Medical Restrictions In A Workers’ Comp Case?

Medical restrictions, also known as work restrictions, can affect the work you can and cannot do because of your job-related injury. The treating physician may or may not restrict your medical work during your recovery. For example, if you sprained your back in the warehouse lifting a heavy box, you could be put on medical restrictions for six weeks to have a desk-only duty so your back can heal. However, medical restrictions can also be permanent if the injury is serious enough.

The Importance Of Doctor’s Recommendations In A Workers’ Comp Case

If you are hurt at work in Illinois, you must be examined by a doctor to check and evaluate your injuries. You could be seen by the employer-recommended doctor, who may tell you that you can still do light-duty work as you recover. However, you have the right to see your doctor under the law; perhaps your doctor disagrees. He could say that your medical restrictions will prevent you from working until you fully recover.

If there is this type of discrepancy in your case, you could be required to go to a hearing to explain why you are not doing the light-duty work. Informing the judge that you do not want to do the job or it does not pay enough are not valid reasons to decline. Instead, you could explain to the court that you cannot physically do the job based on what your doctor told you. The court will weigh the evidence and decide if your medical restrictions prevent you from working or not during your recovery.

This is just one of the ways that medical restrictions can impact your Illinois workers’ compensation case. If there is any disagreement about your medical restrictions, retaining an experienced workers’ compensation attorney in Antioch is critical. Your attorney can represent you in any hearing and obtain the optimal case outcome.

Talk To Our Antioch Workers’ Compensation Lawyers Now

Were you hurt at work in Antioch? Then you could be entitled to workers’ compensation for your medical expenses and lost wages as you recover. However, the workers’ compensation claims system is complex, and making a mistake that affects your benefits is easy. Or, your employer might see an attorney who does not represent you and try to deny your claim or give you less than they should. Our Antioch workers’ compensation lawyers at The Law Offices of Robert T. Edens have stood up for the rights of Illinois workers for decades, and we want to stand up for yours. Talk to one of our workers’ comp attorneys by dialing (847) 395-2200.

How To Choose A Workers’ Compensation Lawyer

workers comp

There are more than 2.6 million non-fatal work injuries across America annually. If it happens to you, you could be forced to take time from work, pay for astronomical medical bills, and deal with significant mental and emotional trauma from what happened. Some workplace injuries could lead to chronic health problems, too. Money cannot solve every problem, but most Illinois workers can qualify for workers’ compensation after a job-related injury that can help get them back on their feet.

If you want the best outcome, you need a skilled workers’ comp lawyer to fight for your health and financial rights. Our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens can assist you. Robert Edens is known as a top-notch workers’ comp attorney and can take the most challenging cases to trial and appeals if needed.

Illinois Workers’ Compensation Overview

Workers’ compensation is insurance that most Illinois employers must provide. If you are in a work-related accident in the state, you could receive temporary financial support for your medical bills, lost earnings, and rehabilitation costs. Workers’ comp covers most accidents that happen at the workplace, as well as related illnesses. For instance, workers’ comp would probably apply if you were exposed to hazardous chemicals at work and suffered a respiratory disease.

How To Hire An Illinois Workers’ Comp Attorney

So, you were injured at work, sitting at home, and thinking about hiring a workers’ compensation attorney. At The Law Offices of Robert T. Edens, our attorneys find that most injured parties need to answer these three questions to determine the next steps:

  • Do you need a lawyer to represent you in this job-related injury case?
  • How do you determine the best attorney for this case?
  • Someone in your family recommended an attorney. How do you know if this is the best option?

First, it is usually a smart idea to consult a workers’ compensation attorney. An experienced workers’ compensation attorney can review your case at no charge and tell if an attorney could benefit you. If sufficient money and benefits are at stake, and the attorney thinks they could help, that is worth considering.

Second, there are many ways to choose an attorney, but reviewing workers’ comp client testimonials is a reliable way to find a skilled, successful one. Look online for workers’ comp attorney testimonials in your area to find a good lawyer.

Third, if a family member or friend recommends an attorney to you, ensure that the person is an experienced workers’ compensation attorney. You want a skilled workers’ comp lawyer who is aggressive, no-nonsense, and intimately familiar with Illinois workers’ comp laws.

Talk To Our Lake County Workers’ Compensation Lawyers

You may be entitled to workers’ compensation benefits if you were injured on the job. But handling your workers’ compensation case could result in less money in your pocket than you deserve. Our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens have fought for workers’ rights for more than 20 years. Speak to our attorneys today by calling (847) 395-2200. You can search our verdicts and settlements, proving that we have won millions of dollars for past clients.

How Long Do I Have To File Workers’ Comp Claim?

workers comp

Being hurt on the job is upsetting and stressful, but most injured employees in Illinois can qualify for workers’ compensation. However, it is essential to follow all filing rules and deadlines, including the statute of limitations. Learn more in this blog post about workers’ comp, and then our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., can answer your questions.

Illinois Workers’ Compensation Overview

State law in Illinois requires most employers to have workers’ compensation insurance, even if they have only one employee. If you are hurt or suffer an illness from work in Illinois, you are probably eligible for benefits to cover medical costs, lost earnings, and ongoing medical care. For instance, if you cut your hand working in a butcher shop, workers’ comp should cover your medical bills and part of your lost earnings during your recovery.

When you are injured at work in Illinois, you should report it to your employer within 45 days. Your company must report the injury to their workers’ comp insurance company. Also, if you are unable to work for more than three days, your company must do the following:

  • Keep paying you, even if the claim still needs to be made with their insurance provider.
  • Give a written explanation about any additional information or documentation required for the workers’ compensation claim.
  • If the claim is denied, you must be given a written explanation.

Illinois Temporary Disability Benefits

You could be eligible for temporary total disability benefits if you cannot work as you recover from your job-related injury. You also may be eligible for total temporary disability (TTD) if your company cannot provide light-duty, alternative work during your recovery. These benefits kick in once you have missed three days of work, but they will be paid until your physician says you have reached maximum medical improvement (MMI).

The benefits should be 2/3 of your average weekly wage before you were hurt, up to a maximum wage that changes every 180 days. For instance, the maximum in early 2020 was approximately $1,549.00. If you can return to part-time or light-duty work during your recovery, you can receive temporary partial disability (TPD). You would receive t/w of the difference between the wage you would receive in your pre-injury job and your current earnings.

What Is The Illinois Statute Of Limitations To File A Workers’ Comp Claim?

The Illinois Workers’ Compensation Act states that you have three years from the date of injury to file a benefits claim. Filing a claim means filing an Application for Adjustment of Claim with the state’s Workers’ Compensation Commission. However, it is best to file your workers’ compensation claim as soon as you can. If you are unsure if you qualify for benefits, please contact a workers’ compensation attorney.

Contact Our Lake County Workers’ Compensation Lawyers Now

If you were hurt on the job in Illinois, you may be entitled to workers’ compensation. But without an attorney handling your claim, you could get fewer benefits than you deserve. Contact our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., for help with your case at (847) 395-2200.

What Workers’ Compensation Investigators Are Looking For

You will probably apply for workers’ compensation if you were hurt at work. If so, it is important to understand how workers’ compensation investigations operate and what they look for to question a claim. Continue reading to learn more, and contact our Waukegan workers’ compensation lawyers at The Law Offices of Robert T. Edens if you need help with your claim.

Workers’ Comp Investigators Always Look For Fraud

Most workers’ compensation claims are legitimate, but Illinois workers’ comp investigators always look for fraud. Workers’ comp fraud happens when the employee obtains benefits by lying about or exaggerating their injuries. Employers, medical providers, and insurance companies also can commit workers’ compensation fraud. Some examples of fraud they look for are:

  • Making up your injury or illness
  • Claiming your non-job-related injury happened on the job
  • Working another job while receiving benefits
  • Exaggerating your illness or injury to receive additional benefits
  • Lying about your income to receive more money
  • Trying to get compensation for treatments you did not have

It is possible that you could get flagged for potential fraud even if you play by the rules. That is why it is often wise to have a workers’ compensation attorney handle your claim for you. Your attorney will handle the claims process and do everything to ensure it goes smoothly.

How Workers’ Compensation Investigators Collect Evidence

There are many ways that investigators collect evidence to find workers’ comp fraud. However, being aware of the tools they use to root out fraud can help you to avoid having your claim questioned or denied:

Video Surveillance

Workers’ comp investigators often use video cameras to catch workers exaggerating or faking job-related injuries. For example, they may install a surveillance camera near your residence or have an investigator follow you. Workers’ comp investigators will try to get it on video if you do anything that makes it look like you are not injured.

Remember that most healthcare facilities have video surveillance of their parking lots. It is easy for investigators to obtain this footage, so always assume a camera is on you when out in public.

Online Surveillance

Workers’ comp investigators can track your social media activities easily. They will review status updates, tagged photos, and posts. For example, if you post a picture of you finishing a 5k when you are on disability, the investigators will come across it.

Interviews

An investigator may interview you in person, by phone, or by video. You are not required to talk to them, but doing an interview can benefit your case. Also, the investigator can interview friends, family, and neighbors to check if you are genuinely injured.

Summary

When you are on workers’ comp or applying for it, always be aware of your actions in public. Behave like you are being watched 24/7, and do not make social media posts that might be construed as a sign of workers’ comp fraud. The insurance company will question anything that looks like you are not seriously injured.

Contact Our Waukegan Workers’ Compensation Lawyers Today

If you were injured at work, filing for workers’ compensation benefits can cover your medical bills and partial wages as you recover. However, filing for workers’ comp yourself may be a mistake; an attorney might be able to obtain higher benefits for you. Contact our Waukegan workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C. today at (847) 393-2200.

How Wisconsin Workers’ Compensation ACT 232 Impacts Workers

workers comp

Wisconsin Governor Evers signed the Wisconsin Workers’ Compensation Act 232 in April 2022. This law changes essential parts of the Wisconsin Workers’ Compensation Act. Some of the changes were to Permanent Partial Disability (PPD) calculations and allowing for independent medical examinations (IMEs) to be observed by a third party. Learn more about Act 232’s changes below, then contact our Antioch workers’ compensation lawyers at The Law Offices of Robert. T. Edens, P.C., if you have questions about a claim.

Workers’ Compensation Act 232 Boosts Maximum PPD Payment

One of the most-needed changes in the Act is to boost the maximum PPD benefit from $362 to $415 per week. Also, the maximum PPD  benefit is $430 for employees hurt on or after Jan. 1, 2023. This change was long overdue; it was the first increase in the benefit since 2017.

Observers Now Allowed At Independent Medical Exams

Section 102.13(1)(b) has been changed to allow a worker at an IME ordered by the company doctor to have a neutral observer present at the examination. It is expected that the state government will soon publish guidance on the observer issue. However, our Antioch workers’ compensation attorneys say that letters sent to the worker about an IME should say the employee has the right to a neutral observer at the exam.

Wage Expansion For Employees Was Eliminated

Next, sections 102.11(1)(am) and (f1) were eliminated. Section 102.11(1)(ap) was made in its place to take out wage expansion for workers working part of a class if those injuries occurred on or after April 10, 2022. Under this rule, when the worker works less than 35 hours per week, part-time earnings have been expanded to 40 hours to calculate workers’ compensation benefits.

This rule applies when the injured employee works for another company. It also applies when the injured employee worked under 40 hours per week for under 12 months before the injury occurred.

The company can contest the wage expansion if there is evidence that a worker volunteered to work only part-time. Evidence might include when a worker writes a statement indicating they want to work part-time. However, if the worker is working for another company, the wages from the other employer should not be used to calculate workers’ compensation wages. Other rules enacted in Act 232 include:

  • Providing sole rule-making authority to the Department of Workforce Development (DWD) to execute workers’ comp laws.
  • Stating that the Department can select alternative dispute resolution in some workers’ comp cases.
  • Transferring from the DWD to the Department of Hearings and Appeals (DHA) authority to grant a license to a non-attorney to appear in a workers’ comp case.

Speak To Our Antioch Workers’ Compensation Lawyers

If you were hurt in your workplace, you might wonder if you should simply go to HR and handle the claim independently. Of course, you can, but you might not get as many benefits if you hire a Wisconsin workers’ compensation attorney. Please contact our Antioch workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C. today at (847) 395-2200 for assistance. Our attorneys also can assist you in Palatine, Chicago, Waukegan, Libertyville, Woodstock, and Lake County.