WorkersCompensation.com CompNewsNetwork – IL Secures First Felony Conviction Of an Employer Through Workers' Compensation Act Reforms.

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Good reminder that it is the law that Work Comp insurance is required. You may be convicted and fined if you do not have insurance.

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WorkersCompensation.com CompNewsNetwork – Will California Intercept NFL Players Hail Mary Workers' Comp Claims?.

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They should file in Illinois. We have better Work Comp benefits than California.

WorkersCompensation.com CompNewsNetwork – Health Care Employees and Workers Comp Carriers, A Cautionary Tale.

The Court’s ruling makes sense. Under the Illinois Workers’ Compensation Act I think the result would be the same.

WorkersCompensation.com's CompNewsNetwork – Two Studies Question the Accuracy of Medical Histories.

Click above to read. Work Comp study focuses on accuracy of medical histories given at the time of accident. Much depends on how the question is asked and when. Did the past problem resolve and what type of treatment was needed? It is important to remember that each case is different, and a history given at the time of accident is very important.

In Illinois Workers’ Compensation cases the trial judge is called an arbitrator. The arbitrator is a full time employee of the State of Illinois. Her job is to conduct workers’ compensation trials, approve workers comp settlement contracts and rule on motions. She is usually assigned to one or two arbitration sites in the State of Illinois. For instance, in Central Illinois there are arbitration sites in Peoria, Bloomington, Springfield, Urbana, Clinton and Decatur. Cases are assigned to a specific site which is determined according to the location of the accident. For example, if you are injured in Champaign, but live in Lincoln, your case will be assigned to Urbana. The arbitrator remains responsible for all workmans compensation cases at her sites as long as she is assigned to the location. If she is transferred, then the new arbitrator hears your case.

Most arbitrators are lawyers, however, they do not have be a lawyer. Some have backgrounds in labor relations or insurance.

The arbitrator will hear the testimony in the trial, read the medical records and any of the doctors’ testimony, and write a decision in your case. This will usually take 60 days. Both sides have 30 days to appeal the decision to the Illinois Workers Compensation Commission if they disagree with the decision in any respect. More about appeals later.

In Illinois, if you are injured and cannot return to your old job and can no longer earn the same amount you did before you were hurt you may be eligible for a wage differential.

A wage differential is 66% of the difference between what you used to earn and what you can now earn. You must prove your injury caused your inability to perform your old job. You also must prove your new job effectively uses all your capabilities. In other words, if you return as a store greeter but could work as a school teacher the Worker’s Compensation insurance company will argue they do not have to subsidize your work choice.

Sometimes you have difficulty finding a new job. If that happens you may have to rely on a vocational expert to determine what wage you could earn, or you may have to request vocational assistance from the Worker’s Compensation insurance company.

More later about what happens if you cannot return to work at all.