FAQ's

Worker's Compensation

Q: What kinds of jobs are covered by Workers’ Compensation?
A: Almost every type of employment is covered by the Illinois Workers’ Compensation Act. If you have any doubts about whether you are covered, you should call one of our attorneys.

Q: How long do I have to work for my employer to be covered by Workers’ Compensation?
A: There is no waiting period for coverage You are covered the moment you begin your employment.

Q: What are my rights?
A: Injured workers have the right to receive medical benefits and other indemnity benefits if they are injured on the job.

Q: How long do I have to file a Workers’ Compensation claim?
A: You generally have 3 years from the date of accident or knowledge of the injury to file your claim with the Illinois Industrial Commission. Simply notifying your employer is not sufficient. You should contact one of our attorneys to discuss the exceptions to this rule if you feel you have missed a deadline.

Q: Do I have to tell my boss about my accident?
A: You should notify your supervisor immediately, or as soon as possible, after your accident. The employer must then file an Accident Report with his insurance carrier and the Illinois Industrial Commission.

Q: What kinds of injuries are covered by Workers’ Compensation?
A: Almost any type of physical injury or mental illness caused by your work is covered. This obviously includes broken bones and all types of sprains and muscle strains. Many times employees fail to realize that Workers’ Compensation also covers other types of work-related injuries, such as loss of hearing or vision, lung injuries, heart attacks, strokes, hernias, disfiguring scars, injuries caused by repeated strain and occupational diseases.

Q: What if I have a pre-existing injury?
A: A pre-existing injury will not affect your right to recover benefits. An aggravation of an earlier injury is covered by Workers’ Compensation. This is true even if the earlier injury was not work related or if no Workers’ Compensation claim was filed for the old injury.

Q: What if I am killed or die as the result of an injury or illness associated with my work?
A: If this should happen, your spouse and minor children are entitled to weekly compensation benefits. If you have neither a spouse nor children, anyone that is 50% dependent on you for support may qualify, plus the law provides for payment of your funeral expenses.

Q: Is hearing loss covered by Workers’ Compensation?
A: Yes. An employee who has been exposed to loud noises in the workplace is entitled to Workers’ Compensation benefits for a partial or total loss of hearing. This includes the cost a hearing aid when necessary. There are strict filing deadlines on “loss of hearing” claims, so you should contact an attorney as soon as possible.

Q: Is an injury or damage to the lungs covered by Workers’ Compensation?
A: Yes. A worker that has suffered injury to the lungs by exposure to harmful substances associated with the workplace, such as dust, fumes, smoke or chemicals, may be entitled to medical care and cash benefits.

Q: Are heart attacks and strokes covered by Workers’ Compensation?
A: Yes. A heart attack or stroke caused by the physical and mental stress of employment is generally covered by Workers’ Compensation. Even if you had a prior heart condition that was not related to your work, you may be entitled to Workers’ Compensation benefits if that condition was aggravated or made worse by your employment.

Q: Who will pay my medical bills?
A: Your employer’s insurance company is responsible for all reasonable and necessary medical charges connected with your on-the-job injury. This includes hospitals, physicians, ambulance charges, x-rays, crutches, physical therapy and prescription charges. There is no deductible and you do not pay any of the medical costs. All of your medical expenses are paid if the care is reasonable, necessary and associated with your injury. In addition, you are entitled to reimbursement for mileage expenses associated with your medical care.

Q: Can I choose my own doctor?
A: Yes. The Illinois Workers’ Compensation Law limits you to your choice of two doctors or any doctors to whom they refer you; however, if these exceed this limitation, your rights may be jeopardized.

Q: When will my weekly benefits begin?
A: If you are out of work for 14 days or more, cash benefits are payable from the first day you are out of work. Unfortunately, insurance carriers frequently delay the first payment while the case is “under investigation.” Claimants often hire our firm to expedite their payments when insurance companies delay payments.

Q: How much will my weekly income benefits be?
A: Initially, you should receive approximately 2/3 of your wages. An attorney, experienced in Workers’ Compensation matters, can assist you in determining benefits.

Q: Do I need an attorney?
A: You are not required by law to have an attorney represent you. However, without a lawyer, you will have to negotiate on your own directly with the insurance company or their lawyer. The best way to be sure that you receive each and every benefit provided by law, is to have the help of an experienced attorney who understands Workers’ Compensation law and is interested in your rights. You pay a 20% legal fee only if you recover benefits if your case is successful. Voluntary payments by the Workers’ Compensation insurance company go directly to you without any attorney’s fees. Most likely you will have a few hearing at the Illinois Industrial Commission.

Q: Can I be fired for filing a claim?
A: NO. Under Illinois law an employer may not fire or otherwise discriminate against an employee for filing a Workers’ Compensation claim. However, an employer may replace an employee who cannot return to the job if the position needs to be filled for business reasons.

Most employers do not like to pay worker's compensation premiums, but they understand that they want to have protection and insurance for their workers injured on the job. Employers generally are fearful of workers who have been injured on the job because they feel their premiums will increase or the employee will take advantage of the benefits available.
Most employers are generally concerned for workers who are injured on the job and want to ensure that the worker receives care. Unfortunately, there are some employers who are not concerned with these things and this may present problems for the injured worker. An employer can either help or hinder an employee's case, especially at the beginning of the case.
The more you make your employer aware of the injury and the facts surrounding the accident/injury, the more inclined the employer will be to help you. On the other hand, if the employer is not concerned about reporting the accident or ensuring benefits are paid or are suspect of the injury, the employer may not give good information to the insurance company or may slant the info so that the insurance company is suspect of the claim and delays payments of benefits while they investigate the claim thoroughly.
Some employers who are hostile may attempt to intimidate or coerce the injured worker for filing a claim. This can result in all types of problems for the injured worker, and the injured worker may be able to sue the employer who retaliates because of the claim that has been filed.
The employer is required to provide the name of the insurance company and to provide medical care when notified of an injury on the job.
It is always better if you attempt to communicate with your employer concerning the facts of the accident, medical situation, and problems arising as a result of the injury/disability.

Personal Injury

Q: How long will it take to settle my case?
A: A very long time can pass between the time your personal injury lawsuit is filed and the time the lawsuit is started and any settlement is reached or trial begins. In most states, the other person's insurance company owes you no duty to settle quickly. Your case can be settled before trial, or can drag on long after the trial is over. The insurance company knows you are in a hurry to settle your case, and uses this knowledge to try to get you to settle for less. Litigation can take a lot of time and money. Settlements after litigation can be very disappointing after spending years on the case. Sometimes it's better to settle before trial for less than to go through the process and end up with a smaller settlement or perhaps a bad result at trial.

Here is a list of things that can happen to slow your case down:

Discovery: This is the insurance company's opportunity to "discover" everything about you and the accident. You will receive written questions to answer under oath and you and your lawyer will need to gather up all of the medical records, bills, and other documentation of your injuries. This process often takes time and money.
Depositions: You and other parties to the case will be asked questions under oath, with a court reporter typing up every word you say. You will be asked in great detail about your injuries, your medical history, the accident itself, and your treatment.
Motion Hearings: Different motions are filed and lawyers from both sides must go to the hearings on them. Some motions are unimportant, while others may be critical to the case.
Mediation: Many courts are forcing lawyers to mediate or arbitrate cases prior to trial. Mediation is typically a settlement conference without the formalities of a courtroom. A neutral party will try to help the parties reach a middle ground. Arbitration, on the other hand, is a binding "mini-trial" of the case in front of an arbitrator or panel of judges who listen to an informal presentation of the matters involved in your case.
Trial: If your case doesn't settle, it must go to trial, where six to twelve members of a jury will decide what your injury is worth. Trials are scheduled on the court's schedules and can sometimes take years to be scheduled. Once you have a trial, your case may not be over -- there may be an appeal and further motions and hearings.
Collection Issues: Once the money finally comes in, your lawyer must deduct litigation expenses such as deposition fees, transcript fees, filing fees, service of process costs, medical record costs, costs involved in documenting medical bills, costs of hiring expert witnesses, costs of paying treating doctors to testify, subpoena charges, lawyer's fees, and any legally-required medical bills or liens.

Q: What is a Tort?
A: A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g. intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g. liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation). While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and to deter others from committing similar harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.

Q: Should I hire a lawyer?
A: If you have suffered bodily injury, sickness or disease resulting from libel, slander, malicious prosecution, someone else's neglect, false arrest or false improsonment, you need to consult with a lawyer right away. You should also consult with an attorney if a relative or other loved one has died as a result of libel, slander, malicious prosecution, someone else's neglect, false arrest or false improsonment.