We get so many great questions from injured workers in Illinois. A lot of them turn into blog posts. With some of the others we like to put them into a post every few months. Here are some of the great questions we’ve received so far in 2024.

I’m seeing a physical therapist for my back injury. My doctor says I can still work, but the therapist says I should be off work. If they write a note that says that can I get TTD benefits?

While theoretically this is possible, the answer is usually no. The opinion of the medical doctor will usually be seen as more credible. Even without a conflicting opinion, usually the Illinois Workers Compensation Commission is looking for an opinion from a MD. My advice is to raise your concerns with your doctor and tell them what the therapist said. Sometimes they will listen to that.

I’m settling my work comp case, but the insurance company wants part of my payment to be in an annuity. Can I be forced to do that?

No!!! I hate when they try to do this.While an annuity may be a good idea for some people, ultimately it’s up to you as to how you manage your money.

My wife went to an IME three weeks ago. How long does it take to get that report?

The reality is that the doctor knows what they are going to say and usually write up the report within a day or two. Sometimes they get backed up, but odds are the report is already written or they aren’t going to write one because it would favor you and hurt their client. The longer it takes to get a copy, the more likely it is that it’s good news. Of course, it could just be that the insurance adjuster is lazy or behind on their work.

My case was set for trial, but the morning of the Arbitrator emailed my attorney and said we couldn’t proceed that day. Can the Arbitrator just cancel last minute like that?

Yes they can. It’s their courtroom. It’s not professional, but if they had something come up it wouldn’t be unusual. Never know if they got sick, have a funeral to go to, etc.

My case went to trial. We won but they appealed. I haven’t heard from my attorney in 4 months. So I regularly check the comp website for updates. I see the briefs were filed in December for the appeals process but nothing since. What could be happening?

Likely nothing but waiting for an oral argument date to be scheduled. Unfortunately you are at the mercy of the Illinois Workers Compensation Commission and there’s no way for your attorney to speed things up.

If you pass out at work, is it a work comp case?

It depends. Were you working in a really hot environment which caused you to faint? Did something else about the job contribute to this happening? If not, did something about your job cause you to get hurt worse? For example, if you are on a scaffold and faint and fall to the ground, your job likely made your injury worse and that would likely be a case.

Lots of great questions. As always, if you have any questions or need help with a case, please call us at 312-346-5578.