LEWIS & DAVIDSON, LTD. ANSWERS FREQUENTLY ASKED QUESTIONS
DO I HAVE AN ILLINOIS WORKERS’ COMPENSATION CASE?
1. Are your tools supplied to you? Does a supervisor assign work to you and tell you how it is to be done? Are taxes deducted from your pay? Do you get a W-2 form for your taxes? Your answers will determine if you are an employee.
2. Were you injured or hired in Illinois?
3. Were you injured during working hours on company property? Were you injured shortly before or after work on company property? Were you injured while traveling on company business?
4. Did a work activity contribute to your injury? Did a dangerous condition at work contribute to your injury? Were you doing something work related that contributed to your injury? Were you injured while traveling on company business?
The above questions may or may not determine whether your accident is covered. It is best to consult an attorney with a practice concentrated in workers= compensation. Lewis & Davidson, Ltd. is available to answer your questions without charge. Call us at (312)789-5548.
QUICK TO DO LIST
If you are injured at work:
1. Immediately tell a supervisor you have been injured, describe the accident and the work activity that caused your pain or other symptoms to start. Describe every body part you injured.
2. See your doctor or an emergency room doctor immediately.
3. Describe your work accident to the doctor and give them your employer’s information for billing. Tell them the treatment is under workers= compensation.
4. Get a note from your doctor or the hospital confirming your work injury, and stating what work you can and cannot do.
5. Call Lewis & Davidson, Ltd., attorneys experienced in workers’ compensation, at (312)789-5548.
6. Do not speak with or sign anything for the Workers’ Compensation insurance company.
7. Stay on schedule with your treatment.
8. Keep your employer advised of your medical work status.
9. Keep copies of everything.
What benefits can I get?
1. Weekly compensation (TTD) if you are off work getting treatment. TTD is 66 2/3% of your average income in the year before the injury. This benefit is tax free. Mininum or maximum may apply. Overtime may be included.
2. Weekly compensation (TPD) while you work part time or at reduced pay and are still getting treatment. TPD is 66 2/3% of the income reduction.
3. Emergency medical treatment necessary and related to the accident.
4. Medical treatment necessary and related to the accident. You can choose two doctors. If one of these doctors refers you to other doctors then that treatment is also covered.
5. Retraining or job placement assistance if you cannot return to your regular work and your employer does not have work to accommodate your restrictions.
6. Compensation for permanent injury: This benefit may be paid in several different ways.
a. As a percent of injury to a body part (PPD);
b. For disfigurement;
c. For a reduction in your pay due to work restrictions;
d. For inability to return to any work permanently (PTD); or
e. For death. Death claims also cover burial expenses of $8,000.
How long will it take?
There is no way to know how long a case will take to conclude. To protect your rights, your case should not be closed until after the following occurs:
1. You and your doctor are satisfied that your medical treatment is complete.
2. You know what, if any, work you will be able to do and what it will pay.
3. All the records of treatment are secured, and arrangements have been made for payment of the medical bills.
4. A reasonable settlement offer has been made and reviewed with you for your approval.
If a reasonable settlement offer is not made, your case can be tried. The case may then be open for your lifetime.
How much is the attorney’ s fee?
1. The Illinois Workers’ Compensation Commission allows only a $100 fee in certain undisputed cases such as amputation and death claims.
2. Otherwise, the Commission generally allows a fee of 20% for recoveries where there is no appeal beyond the Commission. In appeals beyond the Commission, a higher percentage may be due if allowed by the Commission.
3. You will pay no fee if there is no money paid to you by settlement or trial award.
4. Costs are advanced by your attorney and are in addition to the fee.
Lewis & Davidson, Ltd. serves clients in Chicago and throughout Northern Illinois.