In no particular order, here are some good questions I’ve received from clients and callers in recent weeks
I was hurt at work and had smoked pot the day before. My boss doesn’t drug test. How long does the insurance company have to test me?
There is no real time limit, but the longer they wait, the harder it is for them to get it in a way that can hurt you.
I went to trial and we won as far as the Arbitrator saying my injury was work related, but I don’t think he awarded me a big enough amount. Can I take the money and still appeal?
What this caller wants to do is take the amount awarded and still appeal it to get more. That is not allowed.
Is it true that there is a new law that makes cases now worth nothing or very little unless you have a major injury?
No that is not true. This person was referring to the changes to the Illinois Workers’ Compensation Act for injuries after September 1, 2011. Arbitrators are now supposed to consider something called the AMA guidelines, which is a bogus rating system for injuries, when they decide what a case is worth. But that is just one of many factors they need to consider and in the Arbitrator decisions that have been written so far, they have not been just using these guidelines, but instead are awarding what we feel is the right value for these cases.
Can the insurance company refuse to authorize an MRI for my back when their doctor was the one that suggested it?
They can, but they’ll never get away with it. That’s the type of problem a good lawyer can usually solve with a phone call and letter or if needed a trial motion and something called a petition for penalties.
I have testicular cancer. I’ve worked at a factory for over 20 years. A bunch of workers there have gotten cancer and some have died. I know that my job caused the cancer. Do I have a case?
It’s one thing to know in your heart that something is true and it’s another to be able to prove it. To have a successful case this worker would need an opinion from a cancer doctor that states the cancer was caused in part or aggravated somehow by his job activities. That’s a pretty big conclusion to make as many people get this disease from unknown factors. But if a good doctor is in his corner then he has a fighting chance.
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