Although we are attorneys and want to make sure you get the best representation for your case, we also pride ourselves on being a great resource for free information about Illinois workers’ compensation law. As part of that process, we will talk to anyone about their case for free and answer questions. Some of the questions lead to a whole blog post. Others don’t need that long of an explanation. Here are some great questions we’ve received in the last few months. And if you’d like to talk with a Chicago work injury attorney for free, call us any time at 312-346-5578.
I worked a job for two weeks and haven’t gotten my paycheck. Can you help me? This is a common mistake. Workers’ compensation means work-related injury. It has nothing to do with missing wages or benefits. Calling it “workers compensation” was not a common-sense decision by whoever decided to call it that. But if you are looking for a lawyer for vacation pay or a missing paycheck or something like that, do you need a labor lawyer?
Do I have to use PTO if hurt at work? Is it true they only have to reimburse me if I miss 10 days? No, you don’t have to use vacation pay, sick days, or anything else if it’s a work injury and your doctor takes you off work. Starting on the 4th calendar day you miss, you are entitled to benefits.
Are there any options for me if my employer doesn’t have work comp insurance or am I screwed? Yes. The State of Illinois has a fund that will pay almost all of the benefits that you’d get if there was insurance. It can take longer at times, but you aren’t out of luck. FYI, it’s a felony in Illinois to not carry work comp insurance and the State will go after the employer for reimbursement.
Can the insurance company cut you off your benefits for hiring a lawyer? I heard this one from a potential client a couple of months back. Insurance companies will say anything to try and gain the upper hand. No, they can’t stop your benefits just because you have an attorney.
My car was damaged when I had to be at Amazon during the tornado. Do they have to pay for it? We get a version of this question a lot. Unfortunately, the Illinois Workers’ Compensation Act doesn’t provide compensation for damage to personal property like your car. It’s really a better question for a labor lawyer though if they made you work in dangerous conditions like that.
Whose job is it to report the claim to insurance so I can get paid, me or HR? Technically it’s their job, but I always advise people to be their own best advocate. So if there are any delays that are preventing you from being paid or getting treatment, I’d either call the insurance company myself or hire an attorney to do it for me.
If you have any questions about anything, fill out our contact form or give us a call and we’ll do whatever we can to help you.