We get so many great inquiries. I usually write a long blog post about questions, but thought I’d try something different and give a lot of information with short answers. Here are 30 great inquiries we’ve received.

  1. How long after a work comp settlement until I get paid? It’s typically within 30 days of the approved settlement contract being sent to the adjuster.
  2. How do you tell your doctor you aren’t ready to go back to work? Honestly, you just have to schedule an appointment and discuss your concerns.
  3. How long does it take for work comp to approve surgery? It varies per case, but should happen quickly unless they schedule an IME or have a good reason to dispute it.
  4. If you pass out at work is that work comp? Only if you can show that your job contributed to that happening.
  5. Will I get drug tested if I’m hurt on the job? They can and often do, especially if you are in a job that requires a lot of labor or use of machinery.
  6. How often do work comp cases go to trial? Most don’t, but there are literally trials every day the Illinois Workers Compensation Commission is open.
  7. Can child support be taken from workers comp? Yes, if there is a withholding order.
  8. How often should I hear from my attorney? Whenever there is something to report which at a minimum is every three months.
  9. What is the average work comp settlement? There is no average that would help you figure out what you’ll get. Every case is different based on the injury, your wages, your recovery, any defenses and so much more.
  10. Should I take the first settlement offer? The first offer is almost never the best offer you can get.
  11. What happens if the IME doctor agrees with my doctor? While this doesn’t guarantee that the insurance company won’t play games, what should happen is that they should pay for the treatment your doctor recommends.
  12. Can I be sent to a second IME? Yes if it’s for an issue the first IME didn’t address.
  13. Can I get a loan from my work comp settlement? Yes, but beware as many of those loan companies will charge you crazy high interest rates.
  14. Is it possible to switch work comp lawyers? Yes, but if your case is really old or there is a settlement offer it will be hard to find a good one to take it over. In other words, the sooner you switch, the better chance you have to get it right.
  15. Can workers comp force me to have surgery? No!!!
  16. Does work comp pay for time off to go to physical therapy? Only if you can’t do PT outside of normal working hours.
  17. How much does a workers compensation lawyer cost? Nothing up front. Up to 20% of any settlement they get for you in the end.
  18. How long can I be on workers comp for? Theoretically the rest of your life. There is no cap on payments.
  19. Is Illinois work comp a no fault law? Yes. You don’t have to prove negligence to win benefits.
  20. What are the odds that I will win if I go to trial? No way to answer that without reviewing your case and case issues. That said, workers win more often than they lose.
  21. How do you beat an IME exam? You don’t. Just attend it, be honest and go from there. If you try to “beat it” you will likely hurt your case.
  22. Can you get work comp if you worked for cash under the table? Yes as long as you were an employee and not a contractor.
  23. Does the FCE determine my settlement value? It has an influence as the greater the permanent restrictions you have, the more your case is likely worth.
  24. If I need vocational rehab, do I get to choose the voc counselor? Yes. It’s considered medical care and who to use is up to you.
  25. Are there any Spanish speaking work comp attorneys? Yes, we know a bunch of great ones and for other languages too.
  26. Do you help Federal employees? We don’t as that is a different law completely than Illinois work comp law.
  27. Can I get a free work comp attorney? No, but Illinois workers comp attorneys only get paid if they win your case, so there’s no risk involved for you.
  28. Does workers comp pay pain and suffering? Not exactly, but the seriousness of your injury is considered in your settlement.
  29. Can I get short term disability and work comp at the same time? No. It’s one or the other. If you apply for short term disability you have to state that you weren’t hurt at work. Doing so could kill your work comp case.
  30. What is work hardening? It’s a training program to help you get back to work.

As always, if you have any questions you can call us at 312-346-5578.