I was contacted by a worker who was injured on his full time job and is receiving TTD payments for time missed from work for that job. However, he also has a second job that he worked 20 hours a week or so and he currently can not do that job either.

The problem is that he has not received pay for missing that job. His question to me was if it was up to him or his attorney to let the insurance company know about the 2nd job?

The answer is that if payments are missing, that is something the lawyer should handle. That is why you hired them and once you do, the insurance company is not allowed to talk to you anyway. If your employer was aware of this other job and did not object to it, then he is owed a bunch of money.

This got me thinking about other times when workers have asked me if they should handle something or have a lawyer do it. Here is a random list:

Who should send an off-work slip to an employer? How about the insurance company? Typically the worker would send their employer the off work slip and the lawyer would send it to the insurance company.

Who should fax a request for approval for surgery? The surgeon’s office would typically do this, but if you are running into any issues, your lawyer needs to fix that problem.

Whose job is it to see if there are any unpaid medical bills? As lawyers, we usually get this information when we subpoena your medical records. I think a lawyer should be checking this out, but I advise you that before you agree to any settlement, you should call any known medical provider and make sure they are not owed any money. And of course if you get any bills in the mail, give it to your attorney right away.

Who decides what to demand to settle a case for? Your attorney has experience (hopefully) in evaluating cases. They should sit down with you to review your case and explain what they recommend you ask for and what is realistic.

Who decides whether or not to settle a case? That should be you after your lawyer explains the pros and cons as well as the risks of going to trial. But ultimately it is up to you.

Who decides whether or not you return to work? Some people choose not to go back to a job after they are injured because they either do not like where they work, are worried about getting hurt again or find a new job. This is all up to you and your doctor, but we highly recommend that you never quit a job during an active work comp case without talking to an attorney first.

Who decides when we are going to trial on my case? The case facts dictate that usually. If benefits are not being paid, you should go to trial or at least get ready for one. If there is a settlement offer you do not like, your attorney should also get the case ready for trial. You can still negotiate, but it puts you in a better position and allows a trial to happen if needed.

If I need a referral to a labor lawyer or personal injury attorney, is this something my lawyer should help with? If it is related to the work comp case then yes, absolutely they should give you a referral. If it is not, I still think they should or explain why they can not help.

I could go on and on, but the general point is that Illinois workers’ compensation attorneys should be in the customer service business. That essentially means that if it is related to your case, they should handle it unless it is something directly with your employer or something you can get quicker like a copy of medical records. But you should feel that they are advocating for you and constantly see them doing so. It is their job and why they will eventually get paid.

If you want to discuss anything related to a case for free and in confidence, please contact us any time at 312-346-5578. We cover all of Illinois.