A lot of the great questions we get from readers turn in to full blog posts. Others we collect and a couple of times a year we will put them together into one post. If you would like to ask a Chicago work comp lawyer questions for free, contact us any time. We cover all of Illinois via our state wide network.
Why am I called a petitioner, not a plaintiff?
That’s a great question. When we file your case with the Illinois Workers’ Compensation Commission, your name is listed as petitioner. That is because we are petitioning for benefits on your behalf. You are not a plaintiff because filing a case is not a lawsuit. In other words, you are NOT suing your employer. At the end of the day, the two words are essentially the same.
Am I required to go to the IME if I am already back to work?
Yes. An IME can address a lot of issues including what medical care you need or if your injuries are related to your job. While those exams are often a joke, you must go and if you do not your benefits could get denied and in the worst case scenario, you could lose the case.
Do all employers have the same workers comp insurance company?
No. There are literally hundreds out there, although we generally see the same ones over and over. The big ones are Travelers, The Hartford, Sedgwick, Gallagher Bassett, Zurich, Chubb, CMI, Broadspire and Liberty Mutual. But a lot of these insure or work with companies in similar industries so it is not unusual for an injured worker to see the same one if they get hurt at different jobs. Ultimately do not worry who the insurance company is, but rather focus on having an attorney who has handled many cases against them and can predict their behavior.
If I want to have my attorney make a settlement demand, do I have to do that verbally or in writing?
This is not how it should work. Hopefully you have a good enough relationship with your attorney that you can call them whenever you need to discuss something big with your case. And the settlement stage is something big. If you do not feel that they are approachable or they have terrible customer service, you should switch firms before a settlement offer comes in.
Can I file for worker’s compensation if I wasn’t injured at work?
Typically no, unless you can show that your body broke down due to work activities and the problem did not show up until you were home. In other words, if you do heavy lifting on the job and have done that for years, if you come home after a long day of work and your back goes out when you are carrying in your groceries, an argument can be made that it is a work related injury. This is where an experienced attorney and good doctor comes into play.
I got hurt in December and quit my job thereafter. My boss said he would take care of the bills from injury. Three months later I got a big bill in the mail and contacted my boss. He says because I no longer work there he does not have to cover. Is that true?
No, that is not true. But there is a good lesson here. Do not ever trust that your boss will pay the bills. Find out who their insurance company is for work comp and report it to them ASAP. That said, you do not have to still be working at a job to get work comp benefits for an injury while employed there.
If you have any questions that you would like to ask for FREE, please reach out to us any time.
