FREQUENTLY ASKED QUESTIONS
What types of injuries are considered work related?
The law covers almost every type of injury including mental injuries in some instances. Many workers are not aware that the law covers injuries caused by the repetitive use of the arm or hand. Also covered are certain diseases, heart attacks, strokes, loss of hearing, and the scars from a burn or laceration. When in doubt, call for a free consultation.
What about pre-existing injuries or diseases?
You may recover benefits if the work injury aggravated a pre-existing medical condition from an old injury or aggravates a disease such as arthritis. Insurance companies often deny such claims. You should consult an attorney who is familiar with the medical and legal issues involved in such cases.
What happens if my daily routine causes an injury?
Repetitive task injuries, usually to the wrists, elbows or shoulders, are covered under the law. You do not need to spend a certain percentage of the work day performing the repetitive task in order to recover benefits.
What benefits should I receive while I am off work due to my injury?
The rule of thumb is that you should receive two-thirds of your pay tax-free while you are off work due to the injury. Your weekly benefit amount can depend on various factors such as your earnings during the previous 52 weeks, overtime earnings and income from a second job. You are also entitled to benefits if you return to work part-time while receiving treatment.
How are my medical bills paid?
Your employer's workers compensation insurance company has to pay all of your medical bills for necessary medical care. An injured worker never has to pay deductibles or co-payments.
Do I get to choose my treating physician?
You are allowed two choices of treating doctors. A referral to another doctor from one of those two choices does not count as a separate choice. The insurance company does not have to pay for medical care beyond your second choice.
Employers are allowed to have a Preferred Provider list of doctors. If your employer maintains such a list, you must treat with a doctor from that list or forfeit the first of your two choices.
Too often injured workers become unhappy with the quality of their medical care but have used up their two choices. An experienced attorney will help you choose wisely and avoid wasting your precious two choices of physician.
What happens if I have permanent restrictions and cannot return to my regular job?
Unless your employer can provide you with a permanent light duty job the insurance company must continue to pay your weekly disability benefits while you undergo vocational rehabilitation. You will be required to participate in a supervised job search or, under certain circumstances, you may be retrained for another job.
Some injured workers would rather accept a quick settlement and move on with their lives. Other injured workers prefer to complete a job search or vocational rehabilitation and then resolve their cases by settlement or trial. An experienced attorney will help you chose the best course of action.
What happens if I have to take a cut in pay at my new job?
You are entitled to receive 66 2/3% of the difference between your gross earnings at your new job and the gross earnings you would have at your former job. Prior to September 1, 2011, these weekly payments continue for life. For accidents occurring after September 1, 2011, the weekly payments continue until age 67 or for a minimum of five years, whichever period is longer.
What is the difference between a settlement and going to trial?
An injured worker receives compensation or his or her permanent injuries by agreeing to a settlement or by receiving an award from an arbitrator. Each has its advantages and disadvantages.
Settlement is swift and certain. For an agreed upon amount the injured worker closes out the case and usually waives all rights to future medical care, vocational retraining and the right to re-open the case should the permanent disability increase. Insurance companies love settlements.
Proceeding to hearing before an arbitration takes longer and the arbitrator may award you more, less or the same amount of money offered in settlement. The big advantage to arbitration is that your rights to medical care and vocational retraining remain open for life. These future medical benefits are especially work considering if you have hardware from a surgery or concerns about developing arthritis which often lead to a joint replacement.
An experienced attorney will help you choose the best course of action for you and your family and help you obtain a fair settlement or award.
Should I hire an attorney?
Workers Compensation is a complex system. There are numerous pitfalls and loopholes to be avoided if you are to receive all of your medical and compensation benefits. The insurance companies and their highly trained claims adjusters have attorneys advising them on how to minimize or completely avoid paying your compensation and medical benefits. Unsuspecting injured workers are often sent to be examined by a favorite "independent" medical examiner. The only way for an injured worker to level the playing field is to retain an experienced workers compensation attorney.
When should I hire an attorney?
The sooner the better. Hiring an attorney right away means that your attorney will deal with the insurance claims adjuster directly and ensure that you receive your maximum compensation and medical benefits. You should not wait until after your benefits are delayed or denied before seeking legal representation.
I have more questions. Do you offer a free consultation?
Yes. Please call for a free consultation in Chicago (312-641-6270) should you have additional questions or desire a free case evaluation. If you are unable to travel, please call to arrange a home visit.