Not at The Law Office of David Hunt. I offer free consultations and can come to the hospital or the home of someone who is unable to travel. The fee for workers’ compensation claims is set by law at 20 percent of the benefits obtained on your behalf. However, there is no fee until I win your claim.
No, it can’t. It is illegal for an employer to fire you for exercising your rights under the Illinois Workers’ Compensation Act. This is especially true if you are fortunate enough to belong to a union which offers further job protection.
Generally, the injured worker has the right to make two separate choices of treating doctors. He or she may see additional doctors through referrals as well.
The employer does have the right to have you examined by its doctor, but it cannot force you to treat with its doctor. The employer’s examination is called an Independent Medical Examination (IME) and it must pay you, in advance, for your travel expenses, meals and lost work time.
When you have a work-related injury, your medical condition becomes relevant and must be shared with the other side if you expect it to pay your bills. However, not all your records are relevant, and certain records have very strict confidentiality requirements.
Absolutely not. Under the Illinois Workers’ Compensation Act, the employer is strictly liable or responsible for all injuries suffered by its employees while they are performing their job. It is far more important to report an accident has occurred than it is to determine whose fault it was. This is true even if you are a traveling employee and you cause a motor vehicle accident which injures you.
You are entitled to weekly death benefits for the duration of your life. Minor children of a deceased worker may also be entitled to benefits. Funeral expenses are also provided for. Other financially dependent relatives such as parents or siblings may also be entitled to death benefits.
A workers’ compensation claim must be kept open while you are actively treating for your injury. Once you are at MMI or maximum medical improvement, then your case is ready to move forward toward a settlement or trial award.
In general, you have three years from the date of your injury to file a claim with the Illinois Workers’ Compensation Commission. In certain cases, you may have longer than this if your treatment or off-work benefits have extended beyond the normal three-year limit. However, it is unwise to assume that you have more than three years to file a claim. It is also possible to file a claim against an employer whom you no longer work for, under the right circumstances. It is not necessary for you to still be working for your original employer to obtain a settlement or trial award from them.
No. Your off-work benefits and your settlement or trial award for your permanent disability are not considered income and therefore are not taxable.
In 2011, the Illinois Legislature enacted what amounts to be one of the most sweeping workers’ compensation reformations in history. Some of the many changes involve:
The recent changes to the Illinois Workers’ Compensation Act increase the challenges that injured workers face. While an injured worker used to have options when it comes to choosing a medical provider. Now, under certain conditions, there is only one choice. There are new limits placed on how much an injured worker can recover and more challenging legal requirements. If you have been hurt, it is more important than ever to hire an experienced attorney who can navigate you through these changes.
Call us today to discuss your case. You may also contact our Peoria office online.