Joliet workers' compensation attorney offers opinions

We don't claim to have all of the answers.  So we asked a workers comp lawyer in Joliet to be a guest blogger for the day.  He did some Q & A.

I was working with a wrench and slipped causing me to damage a tendon in my thumb.  I had smoked pot the night before, but wasn't in any way buzzed when this happened.  Does that hurt my claim?

It may result in a bogus reason for firing you, but as long as the marijuana didn't play a role in you getting hurt it doesn't affect your right to benefits.

My girlfriend got hurt on the job.  Her boss doesn't know that she lied on her resume about her qualifications.  Had she told the truth she wouldn't have been able to get the job where she got hurt.  Does that lie bar her from winning a case if she is caught?

It certainly will hurt her credibility on the witness stand if it comes to that, but by itself is not a basis for denying a claim.

Do I have to treat at the company clinic?

Unless a union contract says you do, you don't.  And to be honest you should always seek out independent doctors.

My claim is denied and creditors are coming after me for some of the unpaid medical bills for my case.  My lawyer said it might be two years before the case is resolved.  If I file bankruptcy will it hurt my case?

You don't need to do that.  There is a law in Illinois that says if you are pursuing a workers' compensation claim, once you tell a medical provider about the claim they are barred from trying to send you to collections while the case is active.

Is it true that you don't get paid for the first three days you miss from work after an injury?

Yes and no.  It's true, except once you've been off work for two weeks they are supposed to pay you the first three days retroactively. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

Horseplay isn't covered unless you aren't the horse

A reader asks:

I had hurt my knee at home and was at work on crutches.  As a "joke" (ha, ha) my co-worker came up from behind to try and tip me over.  End result is I twisted my knee worse and now have a torn meniscus that needs surgery.  The insurance company denied my case because they said it was horseplay.  Are they right or just lying to me?

They are wrong.  Under Illinois workers' compensation law, if you get injured while "engaging in horseplay", e.g. goofing off, your injuries are not covered.  The exception is if you either did not participate or were not a willing participant.

So if the co-worker had hurt himself then his injuries would not be covered.  But our reader was an innocent bystander who did not want to participate in the shenanigans.  We are confident that if we went before an Arbitrator that he would rule that the injury is work related and the insurance company has to pay for all of his related medical bills, all his time off work and for the permanent nature of his injury.

On a side note, even though he clearly had a pre-existing condition, because the work related accident aggravated it, the pre-existing problem should not matter.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.