We get a lot of questions about Illinois work comp law that we don’t turn in to a full blog post. We like to group those questions every few months in to one post with relevant info. If you have any questions you can call us any time for free. In the meantime, in no particular order, here are some good questions we’ve gotten over the last few months.
If I faint at work and hit my head, is that a work comp claim?
It could be if your work conditions caused you to faint (e.g. it was really hot) or if your injury was made worse by something related to the job such as falling from a ladder or scaffold. Otherwise, if you’re like me and can get light headed when you get up too fast, that’s not a case.
Can I apply for short term disability if I’m hurt at work?
One of the first questions on any short term disability (“STD”) application is “How did you injure yourself?” If the answer is that it’s work related, they won’t give you benefits. I’ve seen impatient workers lie on their STD papers which then gets used against them in their work comp case. Always tell the truth is my advice.
Can a small law firm win a case against Walmart?
I’ve actually blogged about cases against them. The reality is that even though they tend to not be great to their workers, the size of their company doesn’t really matter. The law firms they hire to defend them are the same ones attorneys for injured workers deal with on all of their cases. If your attorney is experienced and a fighter it shouldn’t matter.
I was injured making a delivery for Amazon, but actually work for a different company. Who is my claim against?
While we have handled a ton of cases against Amazon, it’s likely your case is against whatever company you truly work for. We’d determine that by speaking with you.
How long after an IME exam until my case settles?
That depends on if you are done treating first off. After that, assuming it’s the right time to settle it comes down to are you getting a fair offer or not. If you aren’t you might want to go to trial. So the answer could be a few days or many months.
I’m working really long hours, my boss sucks and I’m generally stressed out. Can I go out on work comp?
Unfortunately under Illinois law that does not sound like a case. Illinois law doesn’t cover continuous mental stress in most cases.
Is Broadspire fair to injured workers?
They are like any other insurance company. Their number one goal is to look out for their own bottom line, not your health or finances.
What is an open claim?
It means you haven’t settled your case or are still eligible to receive benefits for your work injury.
I hope these help. Call us any time about anything. It’s always our pleasure to help when we can.