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Is There A Limit To How Much Workers’ Compensation I Receive?

workers' compensationAs an employee in Illinois, you can get compensated for any injuries you sustain at work via workers’ compensation. However, there are limits to how much you receive, and the amount depends on several factors.

Limits of Liability

Commercial liability insurance policies have ‘limits of liability or a cap on the amount claimants can get. However, worker’s compensation is structured differently. It is the main reason why most employers purchase policies that do not offer the coverage they thought they did.

Workers’ Compensation Part A

Part A workers’ compensation covers employees under state laws and offers medical aid, death, rehab, and disability benefits for workers killed or seriously injured on the job. The insurance premiums are based on the employee’s wages and the nature of their work duties. The benefits are awarded on a no-fault basis, and the payments are made on predetermined schedules for definitive injuries.

Workers’ Compensation Part B

Part B workers’ compensation also offers the coverage mentioned above, but it only does if their condition results from their employer’s negligence. This is why it is also called employer’s liability coverage.

So we can say that while Part A fulfills state requirements, Part B covers additional damages beyond the former. These payments are based on injury type and limits. For example, if an employee is injured because of a workplace accident, they can get $100,000 max. If they are injured because of a disease caused by their work, they can get up to $500,000. The latter is often broken down into $100,000 per employee per injury.

Part B is rarely used, but it can benefit an employer’s company in some cases, especially if they are sued by survivors or family members of a deceased employee. They can also avail of Part B if they owe more in damages than Part A can cover. All companies in Illinois have to carry Part A workers’ compensation coverage and ensure all claims are paid on time without taking liabilities into account.

Workers’ compensation protects both employers and employees. It protects the latter by ensuring they do not go in the red if an injured employee or family sues them for damages.

How Long Can Employees Receive Workers’ Compensation?

The answer can differ from one state to the other. It can be anywhere from three to seven years. However, there is usually a limit on the length of permanent disability benefits. Most states terminate weekly ones when a claimant turns 65 years old.

In Illinois, wage differential benefits stop after five years or when you turn 67, whichever comes first. The state also has a comprehensive schedule that sets the maximum number of weeks you can get benefits per the body part you injured. If a body part is injured and not on the schedule, you can get a non-scheduled award that will amount to 60% of your average weekly wages. However, the total amount will depend on the severity of your injury.

 

Contact Robert Edens for Workers’ Compensation Claim Disputes Today

Thousands of people in Illinois and the nation are denied the workers’ compensation that they deserve. If your employer is doing the same to you, Cook County workers’ compensation lawyer Robert Edens can help. Contact the Law Office of Robert T. Edens for a free consultation with him.

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What Is My Recourse If My Workers’ Comp Claim Is Denied?

Workers CompIn Illinois and other states, workers’ comp insurance covers workplace injuries. If you were injured and your claim was denied, there may be several reasons behind it. You may feel as if you are out of options, but there are steps you can take to reopen your case.

What You Should Do If Your Workers’ Comp Is Denied

If your workers’ compensation request is denied, the first thing you should do is to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission (IWCC). Your employer should file this form, but you can do so as well.

Once that is done, you can request a hearing with them to appeal the rejection. You will get an arbitrator and a case number for your hearing appeal. Workers’ comp lawyers in Waukegan have to file these claims within three years of a worker’s comp rejection.

If you need to get an answer from them fast, you can ask for an emergency hearing via a Petition for Immediate Hearing. However, you can only use this option if your employer owes you more than 12 weeks of disability payments and if you were unable to return to work.

Top Reasons  Workers’ Comp Claim Denial

Just because your claim was denied doesn’t mean your employer has it in for you. There are several reasons why you are in that situation. Some of the common reasons for workers’ comp denial include the following:

  • Your injury did not occur in your workplace. Employers usually deny claims for damages that happen outside the workplace, or if they are not the result of work their employee did for them.
  • You failed to report the injury on time. You have 45 days to report your injuries to your employer to get the ball rolling for worker’s compensation claims.
  • Your employer thinks your injury was your fault. If drugs and alcohol consumption led to your injuries, chances are your claim may be denied. If that isn’t the case, you should hire experienced worker’s comp lawyers in Waukegan to sue for compensation.
  • You have a pre-existing condition that may be confused with an injury. Even these conditions are covered under worker’s compensation if your work duties aggravate your condition. If your employer tries to deny it, you have a solid case on your hands and can hold them liable.

Contact Robert Edens for Legal Representation

If your workers’ comp claim was denied for none of the reasons mentioned above, you should file a lawsuit with help from the Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you across Illinois and have more than two decades’ worth of successful cases to show for it. We have recovered millions of dollars for our clientele.

We can ensure you can get the compensation you deserve. The longer you wait, the higher the chances of claim rejection. We will put all of the resources to work to make your claim strong, and we are not opposed to aggressive tactics if it means you are compensated. Get in touch with us for a consultation today!

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How Long Can I Receive Workers’ Compensation in Illinois?

Workers CompensationAn occupational injury can severely affect your health, career, finances, and emotional wellbeing. While workers’ compensation can compensate you for some of those damages, you are back on square one if they are denied. At that point, you should hire Antioch workers’ compensation lawyers to get the compensation you deserve.

The benefits you get will depend on your specific situation. This includes your medical state and your earnings pre injuries.

Temporary Total Disability Benefits

In Illinois, your workers’ compensation claim allows you to get medical treatment for work-based injuries for a specific period. While you are recovering at home, you can also collect temporary total disability benefits or TTD. These are usually two-thirds of your average weekly salary and can last from a few weeks to years.

TTD benefits are paid till you:

  • Return to work without any medical restrictions.
  • Released back to work with medical conditions.
  • You reach the Maximum Medical Improvement (MMI) status. Your doctor will deem you eligible for this status if your medical condition stabilizes to the point that you can work without compromising your health and wellness.

Your TTD can be terminated if your boss gives you a light job that isn’t physically demanding. This can happen whether you return to work or not. You can still be entitled to benefits if your employer cannot accommodate your work restrictions. If your benefits are denied, consult with Antioch workers’ compensation lawyers as soon as possible.

When TTD is Terminated

Once your TTD benefits are terminated, you can still get other workers’ compensation benefits such as the following:

  • Maintenance awards that cannot be less than your TTD benefits. These should also include expenses and the costs you need for vocational training (if you need to switch professions because of your physical limitations).
  • Wage differential benefits to offset the reduced salary you get in your new position because of your condition.
  • Permanent partial disability benefits (PPD) are paid to injured workers as compensation for a permanent work injury as per the body part injured. It is often a lump sum. On the other hand, if your claim has to go to trial first, you may get weekly benefits only. You cannot get weekly and wage differential benefits together either.

Many workers in Illinois and across the nation are told they are ineligible for worker’s compensation for one reason or another. However, not all of them are true. Hardworking employees often get coerced into opting out of those benefits or settling for reduced benefits because of irresponsible and greedy employers and insurance companies.

Contact Robert Edens to Get the Compensation You Deserve

People who file claims months after their injuries never knew they had the right to do so immediately. By the time they file their claim, it is too late. If you think your employer has denied your benefits illegally, get in touch with the Law Offices of Robert T. Edens today. Our Antioch workers’ compensation lawyers have years of experience helping hard workers like you get the benefits they deserve.

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Illinois Worker’s Comp Rules you Need to Know

workers compMost Illinois employers have to pay their employee worker’s comp insurance. The insurance is designed to compensate employees who get injured on the job by covering their medical expenses.

Basic Rules about Illinois Worker’s Compensation

In Illinois, employers are required to:

  • Purchase insurance for their employees in the form of worker’s compensation or acquire permission for self-insurance as per the law.
  • Ensure that a note detailing workers’ comp benefits is posted in a noticeable place in the workplace.
  • Maintain records of work-related injuries and report accidents that result in at least three lost workdays.

Besides these rules, employers are forbidden from:

  • Charging employees for any benefits they claim for worker’s compensation.
  • Firing, refusing to hire, or discriminating against an employee who claims compensation as per their rights under the Worker’s Compensation Act.

The Act covers all potential workplace injuries and illnesses, whether partially or in whole. Even if you were injured because of a mistake, you would still be covered if the incident is covered as per compensation laws. Some of the covered injuries include:

  • An injured back or knees that resulted from heavy lifting at the workplace.
  • Carpal tunnel syndrome due to repetitive motion such as typing.
  • Broken bones or concussions from blunt force trauma.
  • Slip and fall injuries in the workplace.
  • Exposure to lethal chemicals that cause disease or illnesses.

Besides on-site injuries, worker’s comp also covers injuries sustained offsite, provided the circumstances that led to them are work-related. So you will be covered if, say, you get hurt while making deliveries or installing cable. The injury or illness does not have to occur at a specific time to be considered for compensation. You can still file if either occurred over several months. Lake County worker’s comp attorneys can guide you.

Penalties for Non-Compliance

An employer can face strict penalties if they fail to provide or deny workers’ comp for their employees. Some of them include the following:

  • Negligence to pay workers’ comp insurance coverage is considered a Class A misdemeanor for each day without coverage. A guilty employer can face 12 months in jail and a fine amounting to $2,500.
  • Knowingly failing to provide compensation coverage is a Class 4 felony punishable with a jail sentence of several years and a $25,000 fine. With consistent non-compliance, the employer may also have to shut their company down till they get insurance.
  • Uninsured employers can be fined $500 for every day they fail to get coverage for their employees. They may also face a citation ranging from $500 to $2500 from the Insurance Compliance Division, losing protections that the Worker’s Compensation Act can give them. This includes protection from lawsuits that their employees may file to sue them.

Personal Injury Attorney

Contact Robert Edens to Get the Compensation You Deserve

Robert Edens and the Lake County worker’s comp attorneys in his team have fought for the rights of injured workers in Illinois for years. In the last two decades, they have recovered millions of dollars for their clients. Get in touch with him for a consultation today and get the compensation you deserve.

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Illinois Worker’s Comp: What Are My Rights?

According toworkers comp Illinois law, all employers have to provide their employees with worker’s compensation insurance. It is a system of benefits that comes into effect from the moment a worker is hired. It covers medical costs of job-based injuries and diseases that may otherwise result in significant medical bills employees may not be able to pay.

Injuries That Are Covered and Not Covered by Worker’s Compensation

Your workers’ comp lawyer in Antioch will tell you that worker’s compensation will cover your bills for the following job-related injuries:

  • Stroke that resulted from a job.
  • Injuries caused by repetitive usage of certain body parts for a job-related task.
  • Heart attack caused by work.
  • Pre-existing conditions that worsened because of work.

The insurance does not cover certain types of injuries. These include injuries sustained in recreational activities such as baseball during company picnics and accidents during drug or alcohol rehab programs.

What Happens When You File a Worker’s Compensation Claim

When you file a worker’s compensation claim, your injury is classified as either a temporary total disability (TTD) or a temporary partial disability (TPD), or a permanent disability (PD). The benefits you qualify for will depend on the category your injuries belong in.

Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD)?

If your work-related injury temporarily or completely incapacitates you, your injury will be classified as a temporary total disability (TTD). While your injuries may prevent you from performing your work duties, you will be expected to make a full recovery and return to work.

A temporary partial injury (TPD) injury is seen as an on-the-job injury that affects your work abilities but does not prevent you from working completely. TTD worker compensation benefits are meant to cover the wages you may lose as you heal and recover in hospital or at home.

Permanent Disability (PD) vs. Partial Permanent Disability (PPD)

A permanent disability (PD) is classified as an injury that hinders your ability to do your job. However, if your injury is a partial permanent disability (PPD), you can still work with limited capacity.

The payments you are entitled to will be based on the severity of the injuries mentioned above. This means that each worker’s compensation case is as unique as the injuries that the benefits cover. An experienced worker’s comp lawyer in Antioch can help you understand your claim and ensure you get the benefits you are entitled to.

Employer Responsibilities for Worker’s Compensation

As per the law, all employers in Illinois have to ensure their employees are aware of these rights and benefits. They also have to put up a notice about the worker’s compensation insurance in an accessible area where their workers can go through it.

The list should include the following:

  • The name of the insurance provider.
  • Policy number.
  • Contact information.

All workplace accidents that make a worker miss more than three days of work should be reported, and incidents that cause work-related deaths should be reported within two days at most. The Illinois Worker’s Compensation Commission (IWCC) will not file a claim till the employer reports the accident.

Get The Compensation You Deserve By Hiring An Illinois Worker’s Comp Lawyer Today

If your employer refuses to compensate you for a workplace injury claim, there is no time to waste. Get in touch with an experienced worker’s comp lawyer in Antioch at The Law Offices of Robert T. Edens, P.C. for a free consultation. We can ensure you get the maximum compensation you deserve, if not more. We also have offices in Chicago, Waukegan, Libertyville, and Woodstock, IL.

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Worker’s Comp Investigator Tactics

workers compThe insurance company will do everything in its power to reduce your Workers’ Comp claim, and yes, that means you will be under surveillance. The primary purpose behind Worker’s Comp surveillance is to undermine a claim and the credibility of the injured worker. Here are some of the top tactics that you can expect from their investigators:

Online Surveillance

Investigators will go as far as monitoring your social media accounts for proof that you are lying about your injuries or claim. So if you have a Facebook, Twitter, TikTok, or even a LinkedIn account, make sure you don’t post incriminating evidence.

For example, posting a video of your white water rafting adventure is NOT a good idea if you filed a back injury claim to get Worker’s Comp. Maybe your injuries are minor, but that doesn’t mean the insurance company will not use that evidence to undermine your claim.

Video Surveillance

The insurance company may station a private investigator outside your home. Using a camera or even just a smartphone, he/she can take pictures of you that can be used to deny your claim. They can show up and start monitoring you when you least expect it. Plus, they won’t stop till they have something they can use to incriminate you.

Direct Queries

Investigators are far from shy or covert when it comes to disclaiming Workers’ Comp claims. They can ask you about your injuries directly and use your statements against you during a hearing. You need to choose your words carefully to ensure you do not incriminate yourself or bring your claim into question.

Better yet, do not make any claims to an investigator – their job is to protect the insurance company’s interests, not yours. So do not discuss your claims without hiring Grayslake workers’ compensation lawyers.

How You Can Help Yourself

Unfortunately, surveillance is legal no matter how nerve-wracking it is, so you cannot ask an investigator to stop following you. The best thing you can do to protect your claim is to follow your doctor’s orders. For example, if you need to walk on crutches for a few weeks for a broken ankle, make sure you always use them when you are out and about. Make sure you use them indoors as well. An investigator may spy on you from the windows.

Additionally, be clear about the specifics surrounding your accident and claim. However, do not speculate if you are confused about some facts. Investigators will use discrepancies in your story to try and deny your claim. Keep details concise and straightforward to be on the safe side.

Personal Injury Attorney

Contact Robert Edens for Workers’ Comp Claims

The Workers’ Compensation process can be challenging. Add an investigator to the mix, and the experience can turn stressful. A Grayslake worker’s compensation lawyer can level the playing field by giving you peace of mind that your rights will be protected. Contact the Law Offices of Robert T. Edens for a consultation today. For years, they have been fighting for workers’ rights in Chicago, Waukegan, Libertyville, Woodstock, and Antioch, IL, so you know that they have extensive experience.

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What Can be Done if I’m Not Getting Paid My Workers’ Comp?

workers compIf you are not getting paid in full or at all for the hours you put in, you can sue your employer with the help of a skilled Waukegan workers’ compensation lawyer. Your rights as an employee are protected under the Wage Payment and Collection Act.

What is the Wage Payment and Collection Act?

The Wage Payment and Collection Act governs timely wage payments to employees in Illinois and the deductions employers can make from paychecks. Here are a few facts you should know about the Act:

  • Private employers are covered, but state and federal employers are exempt from the Act.
  • Individuals and independent contractors who fulfill the legal definition of independent contractors cannot make any claims under the Act. If an employer classifies an employee as an independent contractor, that does not exempt him/her from the Act. An inquiry can determine whether the employee is an independent contractor or not.
  • The Act only covers work that is done in Illinois. For instance, an employee who lives in the state but travels across the U.S. for work is typically not covered. A Waukegan workers’ compensation lawyer can help you determine if you are covered and the wages you can recover.

What You Can Do If Your Wages Are Withheld

Here are some things you can do if you think your wages have been withheld unfairly by your employer:

Speak With Your Employer First

Ask your employer about owed wages first. Perhaps HR made an error on your paycheck or overlooked you by mistake. If your employer deliberately holds back the money he/she owes you as retaliation against you, you have the right to sue. Make sure you note down everything you discuss with them. A Waukegan workers’ compensation lawyer can use it as proof if you file a complaint.

Contact the Illinois Department of Labor

If you think your wages are being held back illegally, file a complaint with the Illinois Department of Labor (IDOL). Just make sure you file it a year from when you last worked with the employer or a year from when the wages are owed. The good news is that the process is free. At this point, you don’t need a Waukegan workers’ compensation lawyer.

 

To file a claim with IDOL, fill out the online form. You will have to create an Illinois Public ID first. It will help you use official state websites for critical information regarding your case.

 

When you file your complaint, make sure you include any evidence showing you are owed wages. This includes copies of time cards and paychecks that show that you have not been paid or were paid less than what you were owed as per your hourly salary.

 

Don’t worry if you don’t have those documents. Since it is your employer’s responsibility to maintain pay and time records, you can get them from HR. Plus, also make sure to update IDOL post complaint if you move or change your phone number.

 

Keep in mind that there is a time limit when it comes to filing complaints with IDOL. The Department can only investigate the three years before the date that you file your complaint. It will impact the amount you recover. For example, if you file your complaint after ten years of getting little to no wages from your employer, you can only recover wages from the last three years and onwards.

 

Contact Robert T. Edens for a Consultation

If your employer refuses to cooperate, hiring a Waukegan workers’ compensation lawyer can help you get the compensation you deserve. Whether you live in Chicago, Waukegan, Libertyville, Woodstock, or Antioch, contact the Law Offices of Robert T. Edens for a consultation today. Robert has been fighting for workers’ rights for over two decades and can ensure you can recover your lost wages.

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Do I Have To Go To The Doctor My Employer Tells Me To?

Illinois workers' compensationIn Illinois, injured workers can receive worker’s compensation benefits as permitted by law and they also have the right to choose their own medical treatment. If they are not allowed to do so, they have every right to hire a worker’s comp lawyer in Waukegan and sue their employer or insurance company.

 

Medical Rights For Injured Workers

According to the Illinois Workers’ Compensation Act, employers have to provide employees with coverage for their work-related injuries. The Act also specifies employees have the right to choose their own doctor for their medical treatments.

 

That way, they can rest easy knowing that they can choose one they are comfortable with and has their best interests at heart. In contrast, a doctor who has an ongoing relationship with an employer or insurance agency can lead to a conflict of interest.

 

The Two Doctor Rule

Unfortunately, a few employers do try to force injured employees to receive medical care at ‘company clinics’ so as to reduce the compensation they need to pay. However, as per Illinois law, injured workers have the right to select two doctors for their care. This is called the Two Doctor Rule.

 

Here is an example to elucidate this further. Say you injured your back at work trying to lift a heavy load at work. You visit a family doctor who prescribed physical therapy as part of your treatment. When the treatment doesn’t work as well as thought, you are sent to an orthopedic surgeon who orders an MRI and from the tests discovers you slipped a disc.

 

He then sends you to a pain management specialist, but when that doesn’t work to alleviate your pain, you are recommended surgery. However, before that, you are sent to a cardiologist for clearance and also have to hire an anesthesiologist for the surgery.

 

According to the Illinois Workers’ Compensation Act, all of these physicians will be considered a single physician choice. That’s because they were recommended by the one you chose.

 

Employer Assigned Physicians

In some cases, employers may choose a doctor for employees who suffer from work-related injuries. However, they have to ensure that the initial medical exam is conducted at a reasonable location and at a time that is convenient for the employee.

 

Plus, the employer also has to pay all of the expenses pertaining to the visit. This includes the cost of the exam, the consultation, lost wages along with the meals and travel expenses of the employee. Additionally, the doctor he chooses also has to provide a copy of the exam report to them. The employee can go to the initial exam, but may change doctors for further medical treatments.

 

Contact A Waukegan Workers’ Comp Lawyer

If you have been injured at work and your employer or the insurance agency refuses to compensate you, get in touch with our workers’ comp lawyer in Waukegan at the Law Offices of Robert T. Edens today. We offer aggressive representation for worker compensation claim violations. If you cannot find the information you are looking for, please do not hesitate to get in touch with us at our offices in Chicago, Waukegan, Libertyville, Woodstock, and Antioch, IL.

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WC, PI or Both?

Personal Injury AttorneyWhen an individual begins to seek compensation for their injury and losses they often wonder whether to file a worker’s comp claim, PI claim, or both. A typical injury case gives rise to a personal injury case, however, when the same incident takes place at work, an individual must pursue a worker’s compensation case to obtain damages. This presents a question: should an individual seek a personal injury case, worker’s compensation, or both? Let’s check it out.

WC, PI, or Both?

Choosing between workers’ compensation and a personal injury claim is not extremely difficult, but does require some considerations. If an individual sustains an on-the-job injury and there is no third party involved in the accident, they may simply pursue a workers’ compensation case. The personal injury claim comes into play when there is a third party involved in the accident that caused an injury to the individual.

The real challenge comes when deciding whether an individual should pursue both of these options to obtain compensation for their loss and suffering. Facts and circumstances pertaining to every case are different, thus obtaining the services of a competent Lake County personal injury lawyer can be helpful in determining the legal routes that are available in your case.

In Illinois, employers are required by law to provide worker’s compensation to their employees. Your employer is obligated by the law to file a worker’s compensation claim for your incident, but that does not mean that you cannot pursue a personal injury claim, provided that a third party was involved in the accident. This type of personal injury claim is also known as a third party liability claim as the involvement of a third party is imperative to initiate a claim. For instance, if you have sustained an injury due to defective equipment at work, the manufacturer of that faulty equipment would be constituted as the third party.

There are a few key differences that you must consider when exploring your options. While the workers’ compensation is filed against the employer’s workers’ compensation insurance company, the personal injury claim is filed against the insurance company of the third party whose negligence caused you the injury. In a workers’ compensation claim, you may receive benefits regardless of fault unlike a third-party injury claim, where your Antioch personal injury lawyer needs to prove the negligence of the defendant to pursue rightful compensation.

Furthermore, in a workers’ compensation claim, you may only be able to obtain statutory damages including lost wages and medical expenses. However, in a personal injury claim, a competent personal injury lawyer may help you to obtain damages for pain and suffering, and emotional distress that you had to suffer due to negligence of the third party.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

(Content updated 12/2/2021)