Currently Browsing: Ask an Attorney “I witnessed my co-worker die on the job. Do I have a workmans’ comp case? Does his wife have a work comp case?” Scenario: A construction worker is at a high-rise building work site. He watches his co-worker fall over the ledge and to his death.... “I’m a prison guard in Illinois and I was injured breaking up a fight between inmates. How do I get workers’ comp? Do I need a lawyer?” That scenario is generally clearly a winning workers’ compensation case in Illinois (unless there is... “I was injured at work and it was my co-worker’s fault. How do I get workers’ comp? Do I have to sue my co-worker?” If you were injured at work, and your injury was caused by your co-worker, you do NOT have to sue your co-worker, and in fact... “I injured my knee at work, but I hurt the same knee years ago and had surgery on it. Can I still have a workers’ comp case in Illinois?” Yes, if you have a work injury that hurts a body part that already has a medical history (such as you have a... “I was injured at work at one of my two jobs. How does this work? Will work comp pay me more? How will my injury affect my jobs?” If you are injured at work in Illinois, and you have two jobs, it can increase the value of your workers’ comp case, but... “I was injured at work but the accident was my fault. Do I have a work comp case in Illinois?” Short answer: Most likely yes – with it not mattering that the accident was “your fault” – but sometimes you may not. But even if you... “Could my injury or medical problem be a workers’ comp case in Illinois?” Short answer: If you think your injury or medical problem could be connected to your job in any way, such as a specific accident or repetitive trauma / repeated actions... “What is the first thing I should do after a work injury in Illinois?” There is a two-part answer to that question. Both things I am going to say should happen as quickly as possible after you are injured at work. If I only mentioned the first one, I... “I’m a truck driver and was injured while working, passing through Illinois, but I was hired in another state and I’m based out of another state. Can I file for Illinois workers’ comp?” Answer: Yes, you can file for workers’ comp... “My Illinois work comp attorney is pressuring me to sign a settlement contract, but I’m not sure. It seems like not enough money for my work injuries, pain and suffering. Can I get a second opinion before signing it?” Short answer: Yes. You can... “I was injured at work in Illinois. My work injury is bothering me again. Work comp insurance says my case is closed. What can I do?” The answer is partly found in the question: What kind of “closed” is your case? It could be one of the... “Do I have to talk with the Nurse Case Manager in a workers’ comp claim in Illinois?” 1.) Short answer: No. 2.) Full answer: No. You actually do not have to allow a Nurse Case Manager on your case at all. He or she is basically a spy for the... “How does workers’ comp work in Illinois? How do I start a claim?” Report your injury to your employer. Seek medical attention. Within 24 hours of your injury is preferred, and then, immediate care should not count as one of your two (or only one)... How long do I have to file workmans’ comp / workers’ comp in Illinois? 1.) The first hurdle for you is reporting the injury to your employer. You have 45 days to report your Illinois work injury to your employer. This means 45 days from when you knew,... How does workers’ comp pay or Temporary Total Disability (TTD) pay work in Illinois? Workers’ comp TTD in Illinois should be equal to 2/3 or 66.6 % of your gross average weekly wage (gross meaning before taxes are taken out of your wage.) If you work... “I have a work injury / workers’ comp case and I don’t like my attorney. He doesn’t call me back fast enough or reply to texts and emails. Can I switch lawyers / fire my attorney / get a new attorney?” The short answer to this question... “I was injured at work. The insurance company is calling me and wants to take a statement about my accident. What should I do?” 1.) First know this: You DO NOT have to give a RECORDED STATEMENT about your injury to the work comp insurance company,... “If I file for workers’ comp / hire an attorney, will I get fired?” 1.) Short answer: It is possible that your employer may fire you. 2.) Medium answer: Illinois is an at-will employment state, so in most situations, it is possible that your... “Workers’ comp is making me see their doctor. They’re calling it an IME or Independent Medical Exam. Do I have to go?” 1.) Short answer: Yes. 2.) Medium answer: Yes, but they are required by law to give you a mileage check payment with the... “My’ workers’ comp TTD check is late. Adjuster won’t call me back. What can I do?” 1.) First, when you say “late,” be sure it is really late. Check the dates of service on the last TTD check received. They are only... Ask an Attorney: New Feature from Peter D. Corti Law Group, PC. Coming Soon.