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FAQ

FAQ

  • Workers Compensation

    • No, an employee cannot be fired or discriminated against for filing a workers compensation claim. This is prohibited by Section 4(h) of the Illinois Workers' Compensation act. If it can be proven you have been fired or discriminated against because of the exercise of your rights under the Illinois workers compensation act you may have a retaliatory discharge, wrongful termination, or discrimination lawsuit that can be brought in the Circuit Court. The Illinois workers compensation commission does not have statutory jurisdiction to hear these types of lawsuits.
    • The statute of limitations for Illinois Workers' Compensation claims is 3 years from the accident date if no compensation has been paid such as TTD or medical bills or 2 years from the date of the last compensation payment of either TTD or a medical bill, whichever is later.
    • Generally speaking, you have 45 days to report your injury to your employer. If your claim is for a repetitive injury please see Durand v. Illinois Industrial Commission wherein the Illinois Supreme Court discusses the manifestation date for repetitive injuries.
    • This is by far the most frequently asked question Leonard Law Group encounters. The answer is based on the nature of your injury or injuries, the amount of money of your hourly or salary pay and the permanency of your injury or injuries. Without having access to your medical records this answer cannot be provided. Access to your medical records requires you to hire Leonard Law Group. If you contact Leonard Law Group and ask what the value of your claim is we cannot tell you without a thorough review of your medical records.
    • Yes. This will require you to execute a few legal documents and retain Leonard Law Group. It does not cost anything to terminate your current attorney and hire Leonard Law Group. You will pay a 20% attorney fee that Leonard Law Group will split with your former attorney and the remaining 80% of your lump sum settlement or installment award is yours tax-free.
    • Your TTD is paid when you are unable to work because your doctor has authorized you off work or you are placed on light duty work restrictions and your employer cannot accommodate your restrictions. Your TTD could also cease if your claim is denied from its inception or an IME doctor has opined you can return to work in some capacity and your employer has a light-duty accommodation.
    • Illinois Workers' Compensation commission case law generally says no.
    • Your attorney will most likely engage in settlement negotiations when you are discharged from medical care. If you settle your claim prior to being discharged any medical bills you incur subsequent to your settlement may be your responsibility.
    • There is no pain and suffering in Workers' Compensation claims, it is not a compensable damage in workers compensation claims, only in Personal Injury cases. You do not get money in Workers' Compensation cases for pain and suffering. Workers' compensation claims evaluate the permanency of your medical conditions.
    • No, the length of time you receive TTD benefits has no bearing on your case value, it is a separate and distinct benefit from PPD.
    • When you feel most comfortable. You can hire Leonard Law Group at your convenience. If your benefits have been stopped it will take at least 45 days to subpoena your medical records in anticipation of trial.
    • No. This is the most common misconception in the practice of Workers' Compensation. In fact if you hire Leonard Law Group early on we can anticipate and prepare for trial faster than if you hire us after your benefits have been terminated and you are receiving no income.
    • No. Another common misconception in Workers' Compensation practice. You are not guaranteed a lump sum settlement. In fact in some situations the insurance company can pay your settlement in weekly installments to you and your attorney and not lump it out to you. In other instances, if your injury is not permanent you may not receive any sort of settlement or installment award.
    • No. If your case is deemed compensable the insurance company is required to pay you TTD benefits when you are off work and your causally related reasonable and necessary medical bills. Remember, they are not required to pay you a lump sum settlement.
    • Yes, and if your case is large enough you can almost guarantee at some point they will.
    • A nurse is optional and only allowed on your claim if you or your attorney consents. Her job is to coordinate your medical care and update the insurance company on your medical progress.
    • Yes, you have the option to see two doctors of your choice independent of referral from one another. Any referrals from these two doctors to another doctor do not count as a choice. If your employer has a Preferred Provider Program in place on the date you are injured your medical rights may be further limited.
    • If your settlement contract cut off the insurance company’s liability to pay any unpaid medical bills they are your responsibility.
    • This means your medical rights are left open by the insurance company either because your settlement contract left them open or because your case proceeded to trial and you were awarded an installment award. Open medical benefits come automatically with a successful trial and in some instances the insurance company will leave them open as part of your settlement if you have large anticipated future medical costs.
    • See the link entitled wage differential on our site. If this is your case, you need legal representation. Call Leonard Law Group and speak to a partner.
    • No, in this instance your only remedy is Workers' Compensation relief.
    • Yes. If this is the case, you may have two cases – a Personal Injury case against the 3rd party employer and a Workers' Compensation case against your employer.
    • Yes, they can lien your case for up to 75% of their total lien. Their total lien is comprised of TTD payments, medical payments and any Workers' Compensation settlement you may receive, whether in a lump sum or installments. This lien may be negotiable by your attorney.
    • Because the legal work that goes into a Personal Injury case, including the hiring of experts, oral and written discovery and pre-trial and post-trial motions can be very exhaustive. As a general rule, there is no discovery in Workers' Compensation claims. Workers' compensation is also a no-fault system.
    • No, the arbitrator assigned to your case receives his or her powers from the Workers' Compensation act. He or she cannot act unless the Workers' Compensation act gives him or her the power to act. The Act does not grant any arbitrator in Illinois the power to force your employer to re-hire you.
    • Generally speaking no. But make sure to call and cancel with sufficient notice. Also, make sure your lawyer notifies the insurance company.
    • UR is when a physician or panel of physicians who review medical procedure recommendations to ensure they are reasonable and necessary. The insurance company can deny approval for medical procedures based on a non-certification from a UR.
    • No. But remember you will be at a disadvantage throughout your case as your knowledge base does not exceed that of the adjuster or defense attorney. At some point you may be taken advantage of.
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