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How Long Does it Take to Receive Workers’ Compensation?

workers compensationYour employer’s insurance company typically offers workers’ compensation for settlement claims, and they will try to go as low as possible. 12 to 18 months is the average time to reach a settlement agreement. However, it can increase to 24 months or longer if the insurance company digs in its heels and says your claim isn’t valid.

At this point, you need a team of experienced and dedicated Illinois workers’ compensation lawyers to ensure you get fair coverage promptly. They can also negotiate with the insurance company or file a lawsuit on your behalf if they refuse to cooperate.

Factors That Impact Workers’ Comp Timelines

Some of the common factors that can delay a settlement for workers’ compensation include the following:

The Injury Severity

To determine the amount of worker’s comp you will receive, you need to acquire a ‘state of permanency.’ To achieve this, a doctor has to determine that you have recovered from your injuries or illness as much as you could and reached maximum medical improvement (MMI).

Disputes

Most employers want to reduce the number of approved claims as much as possible to keep insurance costs low. If your employer wants to do the same, they may question your claim by doubting whether it is work-related. They may also claim you can return to work because you are not as seriously injured as you say you are. Any such disputes can delay settlement.

The Time You Hire a Workers’ Compensation Lawyer

Some injured parties can wait months before seeing how their claim is handled and only hire a lawyer when they face disputes. That is the worst thing you can do. At that point, you may not have access to essential evidence or may receive poor medical aid that can affect your case. This can also delay settlement, but not if you hire experienced legal representation.

The Settlement Size

You can find a complete schedule of permanent partial disability (PPD) benefits in the Illinois Workers’ Compensation Act. The schedule is determined according to the number of weeks you have to be paid. For example, suppose your limb is amputated or you suffer from a complete or permanent loss of a body part because of a workplace accident. In that case, you can get the maximum settlement for PPD benefits. There is a different schedule for workers who suffer from partial body part loss, such as a finger or thumb.

The bottom line is that the larger the injury, the longer worker’s comp settlements take. Impairment ratings also impact the duration. For instance, if your physician gives you a 20% permanent impairment rating but is disputed by the insurance company, the timeline for the settlement can also change drastically. The rating will significantly impact the amount of money you get, so the insurance company may double down on their efforts to change it in their favor. A dispute can lead to six months in delays, if not more unless you have experienced Illinois workers’ compensation lawyers in your corner.

Frequently Asked Questions About Workers’ Compensation

What is workers’ compensation?

Workers’ compensation is a state-mandated program that provides financial benefits and medical care to employees who are injured or become ill due to their job. It helps cover medical expenses, lost wages, and rehabilitation costs.

Who is eligible for workers’ compensation?

Most employees are eligible for workers’ compensation if they are injured or become ill while performing their job duties. However, eligibility can vary by state and job type.

What should I do if I’m injured at work?

Report the injury to your employer as soon as possible. Provide details about the date, time, and circumstances of the injury. Seek medical attention if necessary.

What types of injuries are covered by workers’ compensation?

Workers’ compensation covers a wide range of injuries, including accidents, repetitive stress injuries, and illnesses caused by workplace conditions.

What benefits can I receive through workers’ compensation?

Benefits can include medical expenses, wage replacement, vocational rehabilitation, and disability benefits.

Can I choose my own doctor for treatment?

In most states, you can choose your own doctor for treatment, but there may be specific rules and procedures to follow.

What if my employer disputes my claim?

If your claim is disputed, you may need to attend a hearing or mediation to resolve the issue. It’s often helpful to consult with a workers’ compensation attorney.

Can I sue my employer for a work-related injury?

Generally, workers’ compensation laws prevent employees from suing their employers for work-related injuries. However, there are exceptions, such as cases involving intentional harm.

How long do I have to file a workers’ compensation claim?

The time frame for filing a claim varies by state, but it’s important to report the injury and file the claim as soon as possible to avoid delays or denials.

What if I’m unable to return to my previous job?

If you’re unable to return to your previous job, workers’ compensation may provide vocational rehabilitation services to help you find new employment or retrain for a different job.

Contact Robert Edens for Disputes on a Workers’ Compensation Claim

Robert Edens has decades of experience representing employees like you and ensuring they get the maximum settlement amount following a worker’s comp claim. He is not afraid to go toe-to-toe with the insurance company if it means you can get a big payout. Contact our Antioch workers’ compensation lawyers for a consultation at the Law Offices of Robert T. Edens today at 847-395-2200!

(Updated 1/20/2025)

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Do Workers’ Compensation Doctors Lie?

Insurance carriers are highly experienced in reducing workers’ compensation injuries, so they can either deny a claim or pay less. One of the tools they can use to discredit claimants is medical providers who can give biased opinions to minimize injuries.

These physicians are known as ‘independent medical examiners’, and they categorically deny giving false statements or information. Some adjust their statements to sound like medical opinions, which an insurance adjuster can use to discredit a claim irrespective of injury severity.

Why do Workers’ Compensation Doctors Lie?

Some of the reasons why your doctor may lie when you visit them for your workers’ comp claim include the following:

They Are Loyal To Their Employers

One of the biggest reasons workers’ comp doctors lie is because they are loyal to their employers. Many are conformists when evaluating workplace injuries because the insurance company hires them. Their job is to give a diagnosis that can reduce the benefits and wage payouts that injured workers are eligible for.

To Dispute Your Claim

The thing is that the insurance company can demand an independent medical exam (IME) even though they are the ones who hire the doctors who conduct them. The exam results can be used to dispute a claim or deny it altogether. In some cases, insurance carriers can also alter the payout you are eligible for. Claimants have to undergo IMEs or risk their case being dismissed, so they have no choice but to give in.

They Are Unqualified and Paid Well

Many workers’ comp doctors are paid exceptionally well by the insurance companies they serve, an incentive they take seriously by reducing claims. Many of them don’t have proper licenses in surgery or any medical specialty. Rather than ordering expensive tests and scans such as CAT and MRI scans that the insurance company doesn’t want to pay for, they prescribe medication instead.

They Value Numbers over Claimant Wellness

The fee for workers’ comp is based on the volume of patients these doctors attend rather than time billed and work quality per case. It is one of the main reasons they may not give you a detailed evaluation or medical exam. If you believe your physician is not being as attentive and thorough as you deserve, take extensive notes during consultations and tests. A Waukegan workers’ compensation attorney can use those notes as evidence to ensure you get the maximum compensation you need.

Important note: Don’t try to beat them at their own game by exaggerating your symptoms. If a workers’ comp policy covers your injuries, they should make sense to the doctor. Exaggerate them, and they may deny your claim by questioning its veracity.

Frequently Asked Questions About Workers’ Comp Doctors

What is a Workers’ Comp Doctor?

A workers’ comp doctor is a healthcare provider who treats injuries or illnesses related to a workplace accident or condition. These doctors are usually chosen from a list provided by the employer or the workers’ compensation insurance company.

Can I Choose My Own Doctor?

In some states, you may have the right to choose your own doctor, but in others, you might be required to see a doctor from a list provided by your employer or the insurance company. It’s important to check the specific rules in your state.

What if I Disagree with the Doctor’s Diagnosis?

If you disagree with the doctor’s diagnosis or treatment plan, you can request a second opinion or ask to see a different doctor. It’s important to communicate your concerns with your employer or the insurance company.

Can I Continue Seeing My Regular Doctor?

In some cases, you may be able to continue seeing your regular doctor for treatment related to your work injury. However, this depends on the rules in your state and the policies of your employer or insurance company.

What is an Independent Medical Examination (IME)?

An IME is an examination by a doctor who is not your regular treating physician, requested by the insurance company to get an independent opinion on your condition, treatment, and work restrictions.

Do I Have to Attend an IME?

Yes, you are usually required to attend an IME if it is scheduled by the insurance company. Failure to attend can result in a penalty or suspension of your benefits.

Will I Be Reimbursed for Expenses Related to the IME?

Yes, you may be reimbursed for expenses such as lost wages, transportation costs, and other out-of-pocket expenses related to attending the IME.

What if I Can’t Attend the IME?

If you have a scheduling conflict or cannot attend the IME, you should contact your claims examiner immediately to reschedule or discuss alternatives.

Can I Change My Workers’ Comp Doctor?

You may be able to change your workers’ comp doctor, but you will likely need to follow specific procedures and obtain approval from your employer or the insurance company.

Contact Our Lake County Workers’ Compensation Lawyers Now

If the insurance company denied your workers’ comp claim because your doctor lied about your diagnosis and condition, you have the right to sue. Contact our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens and ensure you get the compensation you deserve. We have more than 20 years of experience representing clients like you and taking insurance companies to task for their negligence and greed. Get in touch with us for a consultation today!

(Updated 10/30/2024)

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Can I Attend School While On Workers’ Comp?

workers comp

The Illinois Workers’ Compensation Act is a no-fault law designed to aid workers in the state by assisting them in their employment. While it can cover your medical bills and other expenses as you recuperate from a work-based injury, please take advantage of it at your own risk. Attending school while you are on the benefits is ill-advised.

Why You Should Not Attend School While On Workers’ Comp

While you can legally attend school while on workers’ comp, Illinois workers’ compensation attorneys will tell you that it is ill-advised. That’s because it can raise questions about the degree of your disability. If you are on light duty status from work, you should look for suitable light tasks. On the other hand, going to school reduces the time you should be using to look for said jobs.

Your choice to attend school while on workers’ comp will raise questions if you are completely disabled because of a severe work injury. How can you attend school but cannot perform sedentary work? The insurance company will take notice and may try to convince your doctor that you should come to work.

What You Can Do

It would help if you waited till your workers’ comp case was resolved and then attended school. If you want to continue your education immediately, talk to your attorney first, as your case can get complicated. Each workers’ comp case is unique since each work injury and job site is distinct. Use your best judgment to decide and pursue daily activities depending on your condition.

As an injured worker, your activities should remain consistent with medical restrictions and your doctor’s advice. For example, restrict activities if you have the following disabilities:

Temporary Total Disability

If you are diagnosed with a temporary total disability, you should avoid recreational activities. However, if you had planned a vacation before getting injured, you may still go on it, provided you take it easy.

If you parasail, surf, mountain climb, or take part in any recreation despite your doctor’s advice, you may lose your claim. Try to schedule appointments around your vacation and consult your Illinois workers’ compensation attorneys beforehand.

Partial Disability

If you are diagnosed with a partial disability, pay attention to doctor recommendations and restrictions. Make sure you get these in writing to prevent misunderstandings. Your attorney can also use them in court to dispute the insurance company’s claims if they try to deny compensation.

Be candid with your doctor. If you exaggerate or downplay your condition, you can compromise your claim. Documentation will show proof of progress and recommended activities proposed by the medical professional.

Frequently Asked Questions About Attending School While On Workers’ Comp In Illinois

Can I Attend School While on Workers’ Comp in Illinois?

Yes, you can attend school while receiving workers’ comp benefits. However, it’s important to be aware that doing so can raise questions about the extent of your disability and your ability to work.

Will Attending School Affect My Workers’ Comp Benefits?

Attending school can potentially affect your benefits if it leads to questions about your disability status.  If the school attendance suggests that you are capable of working, it might impact your benefits.

What Should I Report to the Illinois Workers’ Compensation Commission (IWCC)?

You should report any changes in your status, including enrollment in school, to the IWCC. This helps ensure that your benefits are accurately assessed and adjusted if necessary.

Are There Any Restrictions on the Type of School or Coursework?

There are no specific restrictions on the type of school or coursework you can attend. However, it’s advisable to choose programs that do not conflict with your medical restrictions and recovery process.

How Can I Balance School and My Recovery?

It’s crucial to balance your school commitments with your recovery. This might involve selecting part-time or online courses, seeking accommodations from your school, and regularly communicating with your healthcare provider and workers’ comp attorney.

What if I Need to Take a Break from School Due to My Injury?

If your injury requires you to take a break from school, you should inform both your school and the IWCC. This ensures that your benefits continue without interruption and that your school is aware of your situation.

Can I Work Part-Time While Attending School and Receiving Workers’ Comp?

You may be able to work part-time while attending school, but it’s important to consult with your attorney and healthcare provider to ensure that this does not negatively impact your recovery or benefits.

What Resources Are Available to Help Me?

There are various resources available, including legal advice from workers’ comp attorneys, support from your school’s disability services, and guidance from the IWCC

Important note: Contrary to popular belief, workers’ comp and general liability insurance are different. The latter protects your employer’s interests, and the former protects your interests. Don’t be fooled, or you may miss out on compensation.

Contact The Law Offices Of Robert T. Edens For A Consultation Today!

If the insurance company or your employer denied your workers’ compensation claim, contact our  Lake County workers’ compensation attorneys at The Law Offices of Robert T. Edens. We have 20 years of experience helping clients like you with their compensation claims. Contact us for a consultation today.

(Updated 10/24/2024)

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What Is the Workers’ Compensation Claims Process In Illinois?

workers compensation

Workers’ compensation is a critical safety net for employees who suffer job-related injuries or illnesses. In Illinois, as in many other states, the workers’ compensation system provides financial support and medical benefits to workers injured at work. Understanding the workers’ compensation claims process in Illinois is essential for both workers and employers, as it makes sure that injured employees receive the necessary assistance while protecting employers from potential litigation.

1. Report Your Injury to Your Employer

The first step in the Illinois workers’ compensation claims process is promptly reporting the injury or illness to your employer. You should notify your employer of the incident or condition as soon as possible, or within 45 days. Failing to report the injury within this timeframe can jeopardize your eligibility for workers’ compensation benefits in Illinois.

2. Seek Medical Treatment

After you have reported the injury, you should seek immediate medical attention. Keep in mind that your employer may have a list of approved healthcare providers, or you can choose your own if your employer does not have a Preferred Provider Program (PPP). Make sure that you inform the healthcare provider that your injury is work-related, as this information is crucial for documenting your case.

3. Notify Your Employer

In addition to reporting the injury, you must notify your employer of your intention to file a workers’ compensation claim. This notification can be verbal, but it is advisable to provide a written notice to ensure a clear record of your intent.

4. File a Claim with the Illinois Workers’ Compensation Commission (IWCC)

If your injury or illness results in time off work or medical expenses, you can file a claim with the IWCC. It’s important to file the claim promptly, as specific deadlines are involved. The IWCC will review your claim and may schedule a hearing to resolve any disputes.

5. Employer’s Role

Once you report the injury, your employer must complete a First Report of Injury (FROI) form and send it to the workers’ compensation insurance provider. This initiates the claims process. Your employer should cooperate with the insurance company and provide any necessary information.

6. Insurance Company’s Evaluation

The workers’ compensation insurance company will initiate an investigation into your injury claim. This investigation includes reviewing medical records, statements from you and your employer, and any other relevant documents. The insurance company will determine whether to approve or deny your claim.

7. Benefit Eligibility

If your claim is approved, you may be eligible for various workers’ compensation benefits, including:

  • Medical Benefits – Coverage for all necessary medical treatment related to your injury or illness.
  • Temporary Total Disability (TTD) – Compensation for wage loss while you are unable to work due to your injury or illness.
  • Permanent Partial Disability (PPD) – Compensation for permanent impairments resulting from the injury.
  • Vocational Rehabilitation – Assistance in finding new employment if you can no longer perform your previous job due to the injury.

8. Appeals Process

If your claim is denied or if you disagree with the insurance company’s decision, you have the right to appeal. The appeals process may involve a hearing before an arbitrator or commissioner at the IWCC. It is advisable to consult with an experienced Illinois workers’ compensation attorney if you find yourself in this situation.

Illinois’s workers’ compensation claims process is designed to provide injured or ill employees with essential financial support and medical care while protecting employers from lawsuits. Understanding the process and following the necessary steps is crucial for a successful claim. 

If you encounter challenges during the process or if your claim is denied, seeking legal counsel from our experienced Illinois workers’ compensation lawyer will help you through the complexities and ensure you receive the benefits to which you are entitled. Workers’ compensation is a critical resource for injured employees, and understanding the process is key to securing the assistance you need during a challenging time.

Speak With Our Experienced Antioch Workers’ Compensation Lawyers 

Seeking guidance on your workers’ compensation claim in Illinois? Robert Edens, P.C. is here to help. Call our Antioch workers’ compensation lawyers at Robert Edens, P.C. at 847-395-2200 for your free case consultation. Let our experienced team assist you in securing the worker’s comp benefits you deserve. We are here to advocate for your rights and provide the support you need during this challenging time.

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Illinois Statute Of Limitations On Workers’ Compensation

workers comp

Workers’ compensation in Illinois is a system designed to provide financial and medical benefits to employees who suffer injuries or illnesses directly related to their jobs. At its core, this system operates as a form of insurance, offering protection to workers while also limiting the liability of employers. Workers’ compensation is fairly straightforward: employees who are injured or fall ill due to their work are entitled to receive certain benefits, regardless of who was at fault for the injury or illness. This approach contrasts sharply with the traditional legal process, where proving fault or negligence is often a prerequisite for receiving compensation.

Workers’ compensation serves as a crucial safety net, ensuring that employees do not face financial ruin due to work-related injuries or illnesses. This system helps cover medical expenses, lost wages, and rehabilitation costs, providing much-needed support during recovery. Moreover, it offers peace of mind to workers, knowing that they have some level of protection against the unforeseen risks inherent in many jobs. From an employer’s perspective, workers’ compensation provides a degree of predictability and security, as it precludes the possibility of costly personal injury lawsuits that could arise from workplace accidents.

The history of workers’ compensation legislation in Illinois is a testament to evolving labor laws and the growing recognition of workers’ rights. Illinois enacted its first Workers’ Compensation Act in 1911, following a wave of industrial accidents and growing public awareness of the risks faced by workers.

This initial legislation laid the groundwork for the current system, although it has undergone numerous amendments and revisions to address the changing nature of work and the needs of both employees and employers. Over the years, the Illinois Workers’ Compensation Act has expanded in scope, refining the definitions of what constitutes a work-related injury, streamlining the claims process, and adjusting benefit levels to reflect economic changes.

This introduction sets the stage for a deeper exploration into the specifics of the Illinois statute of limitations on workers’ compensation. Understanding this historical and functional context is essential for comprehending the nuances of current legislation and its impact on both workers and employers in Illinois.

Understanding the Statute of Limitations in Illinois Workers’ Compensation

The concept of a statute of limitations is critical in the realm of workers’ compensation, particularly in Illinois. The statute of limitations refers to the specific time period within which an injured worker must file a claim to receive workers’ compensation benefits. This legal framework is not unique to workers’ compensation but is a common feature in various legal processes designed to ensure timeliness and fairness in the pursuit of legal remedies.

In the context of workers’ compensation in Illinois, the statute of limitations sets a definitive timeline that dictates how long employees have to initiate a claim following a work-related injury or diagnosis of a job-related illness. Understanding this timeline is crucial for both employees and employers, as it directly impacts the eligibility for compensation.

In Illinois, the general timeline for filing a workers’ compensation claim is two years from the date of the injury or the last date of compensable benefits received. However, this can vary depending on specific circumstances, such as the nature of the injury or the discovery of an occupational disease.

The reasons for implementing a statute of limitations in workers’ compensation cases are manifold. Firstly, it encourages prompt reporting and filing of claims, which is often in the best interest of all parties involved. Immediate reporting allows for a more accurate assessment of the injury and its relation to the workplace, which is crucial for determining the legitimacy of a claim. Moreover, this promptness ensures that medical evidence remains fresh and reliable, aiding in the fair adjudication of claims.

Additionally, the statute of limitations serves to provide a degree of legal and financial stability for employers and insurance providers. Defining a clear timeframe for filing claims helps prevent the uncertainty and potential financial strain of indefinite liability. This aspect is particularly important in managing and underwriting workers’ compensation insurance policies, as it allows for more accurate risk assessment and financial planning.

In summary, the statute of limitations in workers’ compensation cases in Illinois is a key legal principle that balances the need for timely justice for injured workers with the practical necessities of employers and insurers. Understanding this timeline and its underlying reasons is essential for anyone involved in the workers’ compensation process in Illinois.

Specifics of Illinois Workers’ Compensation Statute of Limitations

The specifics of the statute of limitations for workers’ compensation in Illinois are nuanced and vital for both employees and employers to understand. The time limits set for filing a workers’ compensation claim are not merely bureaucratic formalities; they are legal requirements that can significantly impact the ability of an injured worker to receive benefits.

Detailed Explanation of Time Limits for Filing a Claim in Illinois

In Illinois, the standard time limit for filing a workers’ compensation claim is two years from the date of the injury or the date of the last compensation payment, whichever is later. This timeline is crucial to adhere to, as failing to file within this period typically results in the forfeiture of the right to claim workers’ compensation benefits. This two-year limit is in place to ensure that claims are made while evidence and memories are still fresh, thus enabling a more accurate assessment of the claim.

However, it’s important to note that this two-year period does not start until the employee knows, or should have known, about the injury and its connection to their employment. This distinction is particularly relevant in cases of occupational diseases or cumulative trauma injuries, where symptoms may not become apparent until long after the initial exposure or injury.

Exceptions to the Standard Time Limits

There are exceptions to these standard time limits. For instance, if an employer fails to report an injury to the Illinois Workers’ Compensation Commission (IWCC), the statute of limitations may be extended. Additionally, in cases involving minors, the time limits may not begin until the employee reaches the age of majority.

Another notable exception is for certain occupational diseases, particularly those that develop over time, such as mesothelioma from asbestos exposure. In these cases, the statute of limitations may begin from the date the employee knew or should have known about the disease and its relation to their employment.

Impact of Delayed Reporting on Workers’ Compensation Claims

Delayed reporting of a workplace injury can significantly impact a workers’ compensation claim in Illinois. Failing to report an injury to the employer within 45 days can jeopardize a claim, although this does not affect the two-year limit for filing with the IWCC. However, delays in reporting can lead to skepticism regarding the legitimacy of the claim, potentially complicating the approval process.

Moreover, delayed reporting can hinder accurately assessing the injury and its causes. As time passes, evidence may become less reliable, and the connection between the injury and the workplace may become harder to establish. This can lead to disputes over the validity of the claim, potentially resulting in denials of benefits or prolonged legal battles.

In conclusion, understanding the specific time limits and exceptions for filing workers’ compensation claims in Illinois is crucial. Both employees and employers must be aware of these timelines to ensure that claims are handled promptly and fairly. Delays in reporting or filing can have significant consequences, potentially affecting the outcome of a claim and the benefits an injured worker may receive.

Legal Process and Claimant Actions in Illinois Workers’ Compensation Claims

Navigating the legal process of filing a workers’ compensation claim in Illinois requires a clear understanding of the necessary steps, the roles of various parties involved, and the legal rights and responsibilities of the claimant. In some cases, the complexity of these claims underscores the necessity of legal representation.

Steps to File a Workers’ Compensation Claim in Illinois

The first step in filing a workers’ compensation claim in Illinois is for the injured worker to report the injury to their employer as soon as possible, ideally within 45 days. This notification should be in writing, providing details about the injury and how it occurred. Following this, the employer is required to report the injury to the Illinois Workers’ Compensation Commission (IWCC) if the injury has resulted in more than three lost workdays.

The claimant must then file a claim with the IWCC, which involves submitting the Application for Adjustment of Claim form. This formalizes the claim and sets the legal process in motion. Claimants need to keep detailed records of their injuries, medical treatments, and any communication with their employer or the employer’s insurance company.

Role of Employers and Insurance Companies in the Claims Process

Employers play a critical role in the workers’ compensation claims process. Once notified of an injury, they must provide the claimant with a list of approved healthcare providers if they have a Preferred Provider Program. Employers are also responsible for filing a report of the injury with the IWCC and their workers’ compensation insurance company.

The insurance company then assesses the claim to determine eligibility for benefits. This assessment includes reviewing medical records, the circumstances of the injury, and any other relevant information. The insurance company may approve or deny the claim, or it might require additional information or investigations.

Legal Rights and Responsibilities of the Claimant

Claimants have specific rights in the workers’ compensation process. They have the right to seek medical treatment, to be represented by an attorney, and to a fair hearing before the IWCC if the claim is disputed. Claimants are also responsible for complying with all procedural requirements, including timely reporting of the injury and submission of necessary documentation.

Necessity of Legal Representation

The complexity of workers’ compensation laws and the potential for disputes with employers or their insurance companies often make legal representation necessary. A lawyer experienced in workers’ compensation can help navigate the legal system, ensure that all deadlines are met, and represent the claimant in hearings or appeals. Legal representation is particularly vital in cases where the claim is denied, benefits are disputed, or the injury is severe, leading to long-term disability or complex medical needs.

The process of filing a workers’ compensation claim in Illinois involves several steps and requires an understanding of the roles and responsibilities of all parties involved. Legal representation can play a critical role in ensuring that the rights of the claimant are protected and that they receive the benefits to which they are entitled.

Speak With Our Cook County Workers’ Compensation Attorney Today!

Over the past 20 years, Bob has encountered many people who have suffered from all types of work-related injuries and failed to get the “right” legal advice. Some of these people haven’t gone to a lawyer because they didn’t know they have the right to compensation. Some people are intimidated by meeting with an attorney.

They don’t want to file a workers’ compensation claim because they think that they might lose their jobs, their health insurance benefits, or the time they have put into the company, losing their pension. None of which are true!

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

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Can I Receive Workers’ Comp And A Personal Injury Settlement?

workers comp

Wherever you work in the Chicago region – Wrigley Field or on the Miracle Mile – every worker in the city is at risk of being hurt. Fortunately, Illinois has robust workers’ compensation laws that mandate that employers buy insurance to protect employees if they are hurt, regardless of who is at fault. However, taking workers’ comp may affect your ability to file a personal injury lawsuit. Learn more in this article, and contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C., for legal advice.

Important Facts About Illinois Workers’ Compensation Laws

When you are hurt at work in Chicago, it is common for employees to file a workers’ compensation claim. If you decide to do so, there are vital parts of the law to know:

  • You have 45 days to inform your company of your injury to obtain the maximum benefits.
  • There is a three-year time limit to file your workers’ compensation claim with the Illinois Workers’ Compensation Commission.
  • Some benefits that may be available include medical care; temporary total disability; temporary partial disability; permanent partial disability; permanent total disability, and death benefits for your surviving family members.

If you file a workers’ compensation claim or your employer disputes the claim, you may file a claim with the Commission and ask for a hearing within three years of the injury or within two years after you received compensation last, whichever is later.

What About Filing A Personal Injury Claim?

Our workers’ comp attorneys in Illinois are often asked about filing a workers’ comp claim and a personal injury claim simultaneously. Does filing one claim preclude you from filing the other? Some workers may be confused because if you are hurt in a regular accident, you often would file a personal injury claim against the negligent party. But if the injury happens at work in Chicago, your initial action could be to file for workers’ compensation.

Generally, if you are hurt at work and file a worker’s compensation claim, you are not typically allowed to file a personal injury claim against the company. However, it may be possible to file a personal injury claim against a third party that was at least partially responsible for the accident.

Differences Between A Workers’ Comp And Personal Injury Claim

There are several differences in these claims. First, the workers’ compensation claim is filed with an insurance company that works for your employer. But a personal injury claim is filed against the person or entity that caused your injuries. That might or not be the company you work for.

Also, there is a critical difference in proving each case. With workers’ compensation, you do not need to verify your employer was at fault; you only need to show that the injury happened at work. On the other hand, in a personal injury claim, you usually need to prove another party was negligent to receive compensation.

Contact Our Antioch Workers’ Comp Lawyers Today

Were you in an accident at work? You may be entitled to workers’ compensation for your medical bills and lost wages. Contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C. for assistance with your workers’ comp case at (847) 395-2200.

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Wrongful Death in Workers’ Compensation? Not Exactly

wrongful death

The Illinois workers’ compensation system, much like systems across the country, was designed to provide injured workers with a mechanism for recovery from injury that was less costly and faster than litigation. Before the system was created, injured employees whose employers did not take responsibility for their injuries had to take the employer to court and prove that it was liable before they were able to obtain benefits.

Such a system was heavily in the employer’s favor as most employees could not afford to fight their employer in court and receive care for their injuries at the same time. After the creation of the workers’ compensation system, employees who were injured while performing the duties of their position were able to obtain immediate care at the expense of their employer. One area into which this system extends is with regard to death benefits.

“Death Benefits,” or more aptly, Survivors’ Benefits

Unlike lawsuits under wrongful death statutes, families of workers who are killed while on the job must seek any recovery for their loss under Illinois’ workers’ compensation statutes. This is because the family of the worker essentially steps into the place of their loved one and accepts benefits in his or her stead. Not all family members are entitled to survivors’ benefits, however, as the statute specifies exactly who may recover for the loss.

According to Illinois law, full benefits are payable to the spouse and/or children of the deceased worker. These benefits continue indefinitely until the spouse remarries, or the children reach a certain age (with an exception for dependents who are physically or mentally disabled). If the worker has no spouse or children, the survivors’ benefits can be payable to any dependent parents, grandparents, or other heirs who were “at least 50% dependent” on the employee at the time of his or her death.

As stated previously, the workers’ compensation system is designed to ensure that workers receive prompt and effective care for injuries, without regard to who was at fault for the incident causing the injury. This system protects employers as much as employees and was designed to provide as much of a “win-win” situation as possible whenever a traumatic event occurs in the workplace. Employers benefit from less time they must operate without the injured employee because faster treatment often leads to less time the employee is out of work.

Further, both parties are encouraged to continue to move forward after an incident rather than become embroiled in protracted litigation to prove who or what was at fault for the accident. This system can provide closure in the event of an employee’s death for the employer as well as the survivors by allowing for a mechanism through which the circumstances surrounding a loved one’s death is neither ignored nor drawn out unnecessarily.

Need a guide?

Even though the workers’ compensation system was designed to allow for fairly swift recovery in the event a loved one is injured or killed in the workplace, there are rules that must be followed in order for a survivor to recover the benefits to which they are entitled. If you or a loved one has been injured in the workplace and you have questions about recovering against an employer, call the Law Offices of Robert T. Edens, P.C. in Antioch today at (847) 395-2200. Our attorneys have years of experience fighting to protect workers and ensure that they receive what they are owed quickly, despite an employer’s recalcitrance.

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What Is The Average Payout For Workers’ Compensation In Illinois?

workers compensationA work injury, or even an occupational disease, can disrupt your life, health, finances, and overall wellbeing for years. Workers’ compensation is an insurance system designed to compensate you for these losses if you are injured in a workplace accident. The benefits or payout you receive will depend on your existing condition and wages before you were injured.

Determining a settlement for a work-related injury can be a challenge without help from Antioch workers’ compensation lawyers. That’s because you need to consider several factors to determine the total amount. The compensation usually covers reasonable medical care that you need in order to recover from your injuries.

Determining the Average Payout for Workers’ Compensation

Your Antioch workers’ compensation lawyers will evaluate your case based on certain factors before they come up with a compensable payout:

Scheduled injuries

As per Illinois law, you can receive compensation for the maximum number of weeks for different body parts injured at work. Here is a complete list you can go through. You can determine the total compensation you are owed by multiplying 60% of your average weekly salary by the total number of weeks for the injured body part. Here is an updated list of maximum and minimum weekly benefits for workers’ compensation in the state you should also look into.

Loss of Ability to Perform a Task

Compensation for loss of ability post-injury is calculated differently. The loss percentage is multiplied by 500 to determine the number of weeks of compensation for the worker. These are then multiplied by 60% of the worker’s weekly average salary.

Wage Differential

If a workplace injury forces the worker to accept another job that doesn’t pay as much as the old one, they are owed two-thirds of the wage difference between the two.

Why Workers’ Compensation Calculators Don’t Work

No matter how accurate an online workers’ compensation calculator may seem, they are far from accurate. Some insurance companies try to dupe their policyholders into using them to fool them into accepting a lower claim.

The issue is obvious – these calculators are biased in favor of insurance companies. Too many factors are involved in calculating compensation. An automated solution cannot determine an exact amount. You need to wait till you reach maximum medical improvement (MMI) before your Antioch workers’ compensation lawyers can determine a precise settlement value. They will discuss all aspects of your claim before they tell you about the payout you are entitled to.

Contact The Law Offices of Robert T. Edens for a Consultation

The Law Offices of Robert T. Edens have represented workers whose compensations have been denied by insurance companies and employers for years. We have more than two decades of experience fighting for their rights and can also get you the compensation you deserve.

So if you or someone you know has been injured at work and their workers’ compensation has been wrongfully denied, get in touch with us for a consultation today. We will take a detailed look at your case before creating a strategy that can work for you. We have recovered millions for our clients and are confident that we can do the same for you if need be.

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What Are The Requirements To Receive Workers’ Comp In Illinois?

workers comp in IllinoisWorker’s comp insurance in Illinois covers expenses for employees if they are injured on the job or fall ill during their work duties. The coverage can pay for your medical bills and replace most of the wages you may lose as you recuperate. However, not every employee is eligible for compensation.

Eligibility Requirements for Workers’ Compensation

If you are eligible for worker’s comp, you will receive it whether you were at fault for the injury or someone else. However, you cannot file a lawsuit against your employer later, except in a few situations.

Illinois workers’ compensation attorneys will tell you that to be eligible for worker’s comp in Illinois you:

  • Have to be an employee.
  • Must work for an employer who carries the insurance.
  • Must have a work-related illness or injury.
  • Must meet the state’s deadline for reporting said illness or injury.
  • File a worker’s compensation claim.

Special employee categories (such as farm workers, domestic workers, seasonal workers, and temporary workers) have to follow separate rules for compensation.

What You Should Do to Get Workers’ Compensation

If you are eligible for compensation, you can still forfeit your claim if you don’t do the following beforehand:

  • Get medical help as soon as you are injured or fall sick.
  • Follow your doctor’s advice and try to heal so you can return to work promptly. Employees who fail to do this and make their condition worse, as a result, can lose their benefits.
  • Inform the doctor that your condition is work-related, so they know that your employer will cover the medical bill.
  • Provide the hospital or doctor’s name and address to your employer and if you change doctors later.
  • Hand over copies of your medical records to your employer as proof of your claim, condition, and the treatments you received or have to get.

What Workers’ Comp Doesn’t Cover

Worker’s comp doesn’t cover the following ailments:

  • Injuries that result from horseplay or fighting.
  • Self-inflicted injuries.
  • Psychiatric disorders or stress.
  • Injuries sustained while you committed a crime.
  • Injuries sustained under the influence of drugs, alcohol, or policy violations.

If your work is repetitive (such as assembly line work) or you type for hours every day, you can sustain cumulative injuries (such as carpal tunnel syndrome) that workers’ comp may cover. You can be eligible for benefits if you took time off because of the injury and know it is work-related. In either case, you should visit a doctor right away and file your claim, so your employer is in the know from the get-go.

Get the Compensation You Deserve With Help from Robert Edens

If you are eligible for workers’ comp in Illinois, but your claim was denied, contact the Illinois workers’ compensation attorneys at the Law Offices of Robert T. Edens today. We have more than two decades of experience fighting for the rights of employees like you and have an impressive track record of successful cases.

Contact us for a free consultation today. We can provide testimonials of satisfied clients on-demand and let you know the expected outcome of your case.

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What Not To Say To A Worker’s Comp Doctor

workers compIf you have suffered a work-related injury and have filed for worker’s comp, you will need to undergo an independent medical exam with an approved doctor. However, keep in mind that the insurance company pays these doctors. As such, they may try to reduce costs for the insurance company with details you may unknowingly divulge.

Here are some things you should not say to a worker’s comp doctor to ensure this doesn’t happen:

Giving Inaccurate Details about the Accident

The first thing your doctor will ask you is how you got injured, and the question will be asked multiple times to make you slip up. Avoid giving inaccurate or too many details and stick to the facts. If you cannot recall some details, leave them out rather than guessing, and do not exaggerate the incident or the pain you are in.

Exaggerations can lead to discrepancies which can hurt your chances of getting the maximum compensation for your injuries. For example, if you say that someone pushed you and CCTV footage says otherwise, it will raise questions about the legitimacy of your claim.

Saying You Don’t Have Health Issues When You Do

Your doctor will ask if you had similar injuries before the one that caused your existing ones. The information helps them determine treatment options. However, since worker’s comp insurers often use an illness or prior injuries to argue that injuries are not work-related, the chances are that you will say you were never injured or are healthy even if you aren’t.

That is a mistake. If you think anything in your medical history will affect your claim, hiding it or denying it will damage your credibility. Be upfront with the doctor to ensure it is accounted for from the beginning.

Saying You Can Work With Your Injuries or Pain Doesn’t Affect Your Productivity

During the consultation, describe your injuries and pain to your doctors and therapists as accurately as possible. Accurate details will help them determine how both limit your job performance. These professionals see worker’s comp patients regularly and know what is required for a valid claim, and will record your statements.

This is not the time to suffer in silence. If working is agonizing because of your injuries, do not say you are fine and can continue working. Be forthright with each healthcare provider you visit about how your injuries are affecting your work. The compensation you receive may be limited otherwise or, worse, rejected.

Don’t Badmouth Your Employer

Depending on the circumstance surrounding your injuries, you may be tempted to use some choice expletives for your employer during a medical consultation. Even if your boss reacted badly to your claim, the worst thing you can do is vent in front of your doctor.

Unlike other medical cases, there is no such thing as doctor-patient confidentiality in a worker’s compensation claim. In other words, whatever you say to the doctor will be used to gauge your credibility and temperament. If either is lacking, you may lose out and will have to pay out of pocket for your medical bills.

Contact Robert Edens For a Consultation Today

If your compensation has been denied by the insurance company or your employer, you can and should sue. Contact the worker’s comp lawyers in Waukegan from The Law Offices of Robert T. Edens today! We have extensive experience representing clients like you get the compensation they deserve.