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Law Offices of Bradley Dworkin
Phone: (800) 560-4878
Chicago, Illinois
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Workers Compensation
Lawyer
Illinois
Bradley Dworkin
Frequently Asked Questions
1. What is workers' compensation?
Workers' compensation consists of a number of different kinds of
benefits provided to most workers by State law who have suffered
job-related injuries or illnesses under the Illinois Workers' Compensation
Act. The Act is administered by the Illinois Industrial Commission,
which is a State agency. The Act was enacted by the Illinois General
Assembly in 1911 to provide financial protection and security to
almost any worker who sustains an injury or illness while on the
job. Almost every employee in the State of Illinois is covered by
the Act from the moment their employment begins with their employer,
and benefits are paid to an injured worker regardless of who is
at fault for the injury. Employers are responsible for paying these
benefits, either directly or through their insurance company.
2. What injuries, diseases or illnesses are covered by
workers' compensation?
Workers' compensation benefits generally apply to injuries that
are caused by the employee's work, and also apply when a previous
injury or illness is aggravated by the employee's work. Injuries
which are caused by repetitive stress, such as carpal tunnel syndrome,
are covered, as are strokes, heart attacks and other physical problems
that are directly caused by a worker's employment.
3 . What kind of benefits are provided by workers' compensation?
Temporary total disability (TTD) compensation is paid as a percentage
of the injured employee's gross average weekly earnings, including
overtime, while the employee is off work by order of a physician
as a result of a work-related injury or illness. If you hold a second
job and the employer for whom you were working at the time you were
injured is aware that you work this second job, your temporary disability
payments are based on the gross income from both jobs. Reasonable
and necessary medical, surgical and hospital expenses are 100% covered.
Physical, mental and vocational rehabilitation benefits, while subject
to requirements and limitations, will be provided to an injured
worker when such benefits are found to be appropriate. Permanent
disability and dismemberment benefits may be compensated by way
of a lump-sum payment or payments over time. If the injury causes
the death of the worker, the worker's spouse and/or dependents are
entitled to certain benefits as specified by the Illinois Workers'
Compensation Act.
You may also be entitled to unemployment compensation, social security
benefits, disability benefits and group health insurance benefits.
Your workers' compensation lawyer should be able to advise you regarding
whether these other benefits fit your particular circumstances.
4 . What do I have to do to receive workers' compensation
benefits?
You must notify your employer immediately of your work-related injury
or illness. Any delay in notification may jeopardize your ability
to receive benefits. Notice to your employer may be given orally
or in writing. In your own self-interest, DO NOT submit to a recorded
statement and DO NOT sign any documents given to you by your employer
or by your employer's insurance carrier until you are able to have
them reviewed by a competent workers' compensation attorney. You
should keep your employer informed of your medical condition, and
should notify your employer if you change doctors. Once you inform
your employer of your injury, they are legally required to begin
making TTD payments within 14 days.
5. Can I be fired by my employer for applying for workers'
compensation?
Illinois law specifically prohibits an employer from firing injured
employees for exercising their right to compensation under the Illinois
Workers' Compensation Act. The firing of employees for exercising
their rights under the Act may give rise to a separate legal action
against the employer.
6 . How do I know whether I have a viable workers' compensation
claim?
Consult with an attorney who concentrates his practice in workers'
compensation law. The Law Offices of Bradley S. Dworkin does not
charge for consultation.
7 . Can I choose my own doctor or hospital?
You may, within certain restrictions as specified in the Illinois
Workers' Compensation Act. The employer is responsible for 100%
of all reasonable and necessary medical, surgical and hospital expenses.
8 . Is the employer responsible for payment if I wish to
be seen by another doctor?
The employer is responsible for emergency services, physicians’
expenses and hospital stays, and any additional medical care providers
to whom the injured worker is referred by the above. Certain restrictions
are specified in the Act. You should consult with an experienced
workers' compensation lawyer in order to protect your rights regarding
your employer's payment for your medical treatment.
9 . Can my employer ask me to submit to an examination by its own
physician?
Yes, but such an examination, which may be known as an "independent
medical evaluation," must be done at the employer's expense
and must also be performed at a time and place that is reasonable
for the injured worker to attend. If applicable, the employer is
responsible for payment of the employee's time lost from employment
for the doctor's examination. Be aware that your employer has sent
you to their examining physician in order to obtain the injury history,
diagnosis and prognosis they want, in order to minimize or even
deny your claim. Therefore, you should be specific in advising your
employer's physician or medical evaluator about the specifics of
your injury and medical treatment, and that your injury was directly
caused by your employment.
10. How do I pay for an attorney to represent me regarding
my workers' compensation claim?
You will be charged a fee only when a recovery is made on your behalf.
Details are provided in the written attorney/client agreement form
that you will be asked to sign when you retain legal counsel. Be
certain to read the agreement carefully, and ask any questions you
may have about the agreement at the time of signing.
11. When should I retain counsel to represent me regarding
my workers' compensation claim?
The Law Offices of Bradley S. Dworkin recommends you retain competent
counsel who specializes in workers' compensation law immediately
after your injury occurs. You will need a competent workers' compensation
attorney to guide you through the claims process in order for you
to obtain every benefit to which you are entitled under the Illinois
Workers' Compensation Act. Your employer will not advise you of
your rights under the Act, and although many employers are not unfair
toward their injured employees, they may not feel that it is in
their best interest to protect and assist you in the recovery of
benefits as provided by the Act. You should be aware that their
motivation and objectives are entirely different from yours.
12. What should my workers' compensation lawyer do for me?
Your lawyer should assist you in the filing of your claim with the
Industrial Commission, and should ensure that you receive all of
the benefits you are entitled to under the Act. Your lawyer may
have to petition for an immediate hearing so that you may receive
the benefits you deserve from your employer in a timely manner.
Your lawyer may have to take depositions of doctors involved in
your medical care in order to ensure an equitable resolution to
your claim. In the event that a hearing is necessary to resolve
the issues surrounding your claim, your lawyer may need to review
or appeal the decision made by the arbitrator regarding your claim.
Depending on the facts of the claim, your case may even go all the
way to the Illinois Supreme Court.
13 . What if someone other than my employer is responsible for my
work-related injury or illness?
You may have a legal cause of action referred to as a "third-party
claim" against the party or parties responsible for your work
injury. The most common forms of "third -party claims"
are vehicular accidents and product liability claims. In cases such
as these, a claim may be filed in State or federal court against
the other driver and their insurance company, or the manufacturer
that produced a defective product which led to your injury or disease.
If recovery of damages is made against a third party, your employer
may be entitled to reimbursement of some or all of the benefits
paid out in your workers' compensation claim. Such reimbursement
should be made by the third party or their insurer.
14. What is the statute of limitations regarding the filing
of a workers' compensation claim in Illinois?
Generally speaking, the statute of limitations for the filing of
a workers' compensation claim is three years, although certain conditions
are specified in the Illinois Workers' Compensation Act. You should
act as promptly as is practical to ensure your rights under the
Act.
15. Am I able pursue workers' compensation benefits even
though I am no longer working for the employer I was working for
at the time I was injured?
Yes, assuming you have complied with all of the other conditions
specified by the Illinois Workers' Compensation Act.
16. What if my doctor returns me to full duty employment,
but I feel that I am unable to perform that job anymore?
You should follow your doctor's recommendation and attempt to return
to work. The more positive your attitude toward returning to work,
the better it is for your workers' compensation claim in the long
run. If you experience pain and discomfort upon your return to work,
you should report this to your supervisor and make an appointment
with your doctor as soon as possible.
17. I have been handling my own workers' compensation case
for two years, but am getting nowhere with it. Is it too late for
me to hire a lawyer?
No, as long as all notice requirements have been met.
18. Is it possible for me to receive a lump-sum settlement
in the event I am found to be permanently and totally disabled from
further gainful employment?
It is possible to receive a lump-sum settlement distribution
rather than scheduled payments in such cases, provided such a distribution
is approved by the Illinois Industrial Commission.
19 . What happens when I settle my workers' compensation
claim?
You may be closing out any further claim to workers' compensation
benefits regarding your injury upon you acceptance of a settlement
offer.
20 . What happens if an offer of settlement is made to me
by my employer and I choose not to accept it?
You may choose to go to an arbitration hearing so that all of the
evidence surrounding your claim may be heard by an arbitrator. The
arbitrator's decision may be appealed by either party, and, depending
on the facts regarding your injury, may go all the way to the Illinois
Supreme Court.
21. Will I be entitled to receive any other benefits after
I return to work at my regular job after being treated for my work-related
injury?
You may be entitled to receive compensation for the partial permanent
loss of use of the injured part of your body, or of yourself as
a whole. Such compensation is called permanent partial disability
compensation (PPD), and is received as the result of a settlement
agreement between you and your employer, or as the result of the
decision of the arbitrator assigned to your claim.
22. Will I be entitled to receive any other benefits if
I am unable to return to work at my regular job after being treated
for my work-related injury?
If it is necessary for you to accept a lower-paying job because
of your inability to perform the responsibilities of your usual
and customary employment, you may be entitled to benefits equal
to two-thirds (2/3) of the difference between the gross average
weekly wage you were earning before you were injured on the job
and the gross average weekly wage you are able to earn after your
return to work.
23. Will I be entitled to any vocational rehabilitation
benefits in order to retrain me for another occupation if I am unable
to perform my former job duties as a result of my work-related injury?
If you are able to prove through medical evidence that you are unable
to return to your usual and customary occupation as a result of
your work-related injury, your employer may be responsible to pay
for the vocational rehabilitation necessary to return you to a position
consistent with your physical imitations. You may also be entitled
to receive maintenance payments of the same amount as your TTD during
your retraining period.
24. Under what conditions am I able to ensure that I will
be able to receive future medical treatment for my work-related
injury?
Having a hearing before an Arbitrator at the Illinois Industrial
Commission is the only legal method for preserving your right to
future medical treatment. When you settle your claim with your employer
for a lump-sum payment of PPD, you forever close out your right
to receive any future medical treatment for your work-related injury
unless such a provision is specified in your settlement contract
with your employer.
25. What happens if my condition worsens after the arbitrator renders
his decision regarding my claim?
If no lump-sum settlement of your claim has been made, under certain
circumstances additional medical, surgical and hospital services
and increased compensation may be allowed by the Illinois Industrial
Commission.
DISCLAIMER: All answers to the hypothetical questions contained
herein are provided for informational purposes only and are not
intended to be construed as legal advice. The Law Offices of Bradley
S. Dworkin shall not be liable for any errors or inaccuracies contained
herein, or any actions taken in reliance thereon.
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