We get so many great questions that every few months or so we like to compile a “best of” section that we think would be informative for our readers. If you want a free consultation or are looking to hire an attorney, call us at 312-346-5578.
What is the Illinois Workers’ Compensation Act?
This came up in a live chat. The Act is the law that governs how Illinois work comp cases are handled. It dictates how cases are handled including medical treatment, payment for time off work, IME’s and even settlements. You can read the Act here and of course ask us any questions about it. But the short answer is that it’s the Illinois law for work comp.
My employer made me use sick time instead of TTD benefits or vacation pay. Is that legal?
Not legal at all if it’s a work related injury. And you shouldn’t do that. In fact if you made that mistake, we can usually get your sick days or vacation days reinstated. TTD payments are what you get when you miss work due to a work injury. Don’t let your employer steal your money.
Do I have to resign in order to get a settlement?
Absolutely not and you shouldn’t unless you have a new job lined up or they pay you more money to resign, preferably both. But if you don’t want to resign you don’t have to. How much additional money you can get because you agree to resign depends on a lot of things, but it’s not unusual to get an additional $25,000 or more. And if they won’t settle then take them to arbitration and get paid that way.
Is vocational rehabilitation program mandatory in the state of Illinois?
It’s medical care. You get it if you need it. If you are done treating and have restrictions that your employer can’t accommodate, vocational rehabilitation should happen to help you find a job. And the work comp insurance company should pay it and continue to pay you benefits until you secure work.
I work with dangerous chemicals. Company had us sign something that says if hurt at work can’t sue. Of course I got hurt. Am I out of luck?
No! Man, do I hate companies like that. The good news is that no matter what you signed, you can’t waive your right to benefits under Illinois work comp law. That paper isn’t worth anything and won’t stop a case. But it’s pretty shady that they’d even try it in the first place.
Are there transcripts of a pretrial?
This was another chat question. Basically the injured worker had a lawyer and didn’t trust them. He told her there was a pre-trial, but what he was saying about it didn’t make sense. Unfortunately these are closed door sessions with no court reporter so there’s not a transcript. It’s a huge red flag and we adviser her to consider switching lawyers if she doesn’t have faith.
As always, please reach out any time if you have questions about your case or Illinois law in general.
