We are Illinois work comp lawyers who will talk to anyone for free about their case or the law in general. You can reach us any time at 312-346-5578.

We get so many great questions, many of which turn into a blog post. Here are some questions and answers that we’ve had over the last few months that we thought would be of interest.

What pays more? Work comp or short term disability? In most cases it’s work comp as there is no cap on how long you can get paid for and the dollar amounts are usually higher. But to apply for short term disability, you have to state that you weren’t hurt at work. Doing so could cost you a settlement which could take tens of thousands or more from you. So if you are hurt at work, go for workers compensation. If not then go for short term disability.

My case went to trial and my lawyer didn’t do a good job. Can we re-try the case so I can present better evidence? Unfortunately no. You get one shot at going to trial. That is why it’s important that if you don’t think your attorney is doing a good job that you get a new lawyer before it’s too late.

I won my work comp trial. The decision came out three months ago. The insurance company filed an immediate appeal. I haven’t heard anything since. Should I be worried? No. It’s completely normal for an appeal to take some time. The case needs to be assigned to a commissioner who will then set a briefing schedule which is a time frame for each attorney to put in writing why they think the appeal should be overturned or upheld. After that there will be time for oral arguments before three commissioners who then might take months to issue their ruling.

If I get a lump sum settlement, can I return to work? Yes and most people do. In some states, like Florida, they ask you to resign in order to get a settlement. That’s not the case in Illinois. In fact, we tell most people not to settle the case if they haven’t returned to work already.

How long does it take to get your workers’ comp settlement check? It typically gets paid within 30 days of the Arbitrator approving the settlement contracts and those being submitted to the insurance company. If it takes longer than that you should start asking questions to your attorney and they should be calling for an update.

I received an affidavit for a work compensation case and I would like to known if I should sign it or not. I wouldn’t sign anything that you haven’t had reviewed by a lawyer. It’s not common for workers to be sent affidavits so I’d be really careful.

If I get hurt at work, do I get paid for having to leave that day? Typically no, unless your doctor takes you off work for that day and you miss more than three calendar days of work in total.

Lots of great questions. If you have any, please reach out any time.