January 2013

Some people think they are done with their Workers’ Compensation case, but they may have forgotten something.

Did you get everything that you are entitled to under the law?

In Illinois, you are entitled to have your related medical bills paid, payment of your time off work, and payment for your injury.

I have seen some Work Comp insurance companies who “forget” to pay the settlement or pay the injured worker for what is called permanent partial disability.

Your case is only stays open for a certain number of years in Illinois.

You must file an application of claim with the Illinois Workers’ Compensation Commission to protect your case from being barred forever.

I have seen people lose their rights to ongoing medical rights and their settlement if they do file their case in a timely manner.

The insurance company is not required to inform you of your rights so you must inform yourself and act accordingly.

Just because you tell the Workers’ Compensation insurance company that you were injured on the job does not mean you are protected.

You must actually file specific paperwork.

If you have not been paid a settlement and have not signed settlement contracts and met with an Illinois Workers’ Compensation Arbitrator, then your case is not complete.

Questions about a potential Work Comp settlement you may be entitled to? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.


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Very good questions. Technology has eliminated a large number of jobs and it will continue to do so. Less workers equals less work comp injuries.

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Workers deserve all necessary protections available.
The State is trying to get by on the cheap.

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Interesting question that may come up in Illinois if the law is passed to legalize medical marijuana. This bill was discussed last year in the Illinois General Assembly.

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It takes all kinds to come up with a new work injury.

What if you have a work injury and the doctor has you off work, and you pick up a part-time job to earn some extra cash in the meantime?

In Illinois, you cannot receive temporary total disability (“TTD”) and pick up a side job.

TTD means that you are unable to work at all for a temporary period of time.

If you are caught you will have to the TTD back to the insurance company and may be accused of fraud.

There are some exceptions.

Illinois has what is called temporary partial disability.

This means that you cannot work for the same period of time or at the same amounts of pay as you were able to before your work injury.

You will be paid 2/3 the difference between your pre-injury wage and the new wage resulting from your restrictions.

Another exception is if you have 2 jobs at the time of your injury, and you cannot work the job in which you were injured but you can continue to work the second job. This is another type of temporary partial disability.

Something to watch for is whether you can perform volunteer work or work for free and still be paid TTD.

At some point a judge may say that performing activities that may be considered paid work is still work even though you are not paid for it.

This can be a really complicated area of the law.

Questions about your Work Comp case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

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