Do I have an Illinois workers compensation case? How to file for workmans comp in Chicago. Tips if injured on the job in Illinois. Speak to an attorney for free.
One of the most interesting cases I saw from a few years ago involved a worker who was hurt at their office while hanging pumpkin decorations for an office party at Halloween. In general, if a party is not mandatory and you get hurt at the party, you do not get workers’ compensation benefits. If … Continue Reading
Under Illinois workers’ compensation law, you can bring a case in Illinois if you were hurt here, physically in Illinois when hired or your principle place of business is in Illinois. And if you can bring a case here you should do so as Illinois has the strongest workers’ compensation laws in the country. In … Continue Reading
If you get hurt at a work picnic or holiday party, you’re probably not eligible for workers’ compensation. It’s generally seen as outside the boundaries of a compensable work injury. The exception is if you were required to be at the event. If so, you may have a good argument for benefits – medical … Continue Reading
A reader asks: My husband had to get a pre-employment physical before he was offered a job. During the physical he tripped on a weight that was on the floor. He broke his wrist in the fall and the company didn’t make the job offer. Can he bring a workers’ compensation claim? The question is … Continue Reading
A caller asked our help after blowing out his knee when he was using a treadmill on company property at lunch in the employee workout facility. He wanted to know if he had a valid Illinois workers’ compensation claim. We try to speak in plain English, but don’t always succeed. Below is a memo on … Continue Reading
Sometimes people call us and they can’t understand why they don’t have a case. This was evident the other day. A caller had fainted at work and received a concussion. She had no idea why she fell. It wasn’t too hot in the office. She didn’t actually slip on anything. She just passed out. Because … Continue Reading
Is . . . . . . an actual injury. Workers’ compensation is for on the job injuries. I imagine most people that read this know that, but surprisingly (or maybe not) a lot of people don’t. I recently received a call from a trucker who was fired after his truck flipped over in a … Continue Reading
What happens when an injured worker dies from something other than the job injury? A reader asked that question the other day. It’s a great one and while I know the answer, I turned to an attorney we refer some death cases to as I see him as an expert on Illinois workers’ compensation law … Continue Reading
Four days ago we blogged on independent contractors. Low and behold, a case was recently decided that summarizes what we were talking about. This is a summary by a well regarded defense attorney in Chicago. In Skzubel v. Illinois Workers’ Compensation Commission Division, No. 01-09-0442WC, 2010 WL 1796802 (1st Dist. May 4, 2010), the court … Continue Reading
The general rule is that you need to be an employee to be eligible for workers’ compensation benefits. However, the definition of employee is complicated. Just because your employer tells you that you’re an independent contractor, doesn’t mean you can’t get workers’ compensation benefits. 1. Employee vs. independent contractor The difference isn’t always clear. … Continue Reading
I am a big believer in dealing with the law as it is as compared to the way I or anyone else wants the law to be. This thought is clearly shown when discussing illegal immigrants who get hurt on the job in Illinois. A caller told us the workman’s comp law firm in Chicago that … Continue Reading
A reader writes: I have a 9-5 job as an accountant. On the weekends I occasionally volunteer with my church. I was carrying chairs to set up for a service and slipped on a wet floor. Unfortunately I tore my ACL. Some of the people I was working with were employees. Can I get workers’ … Continue Reading
About once a week we are contacted by someone who has been hurt while working and claims that there employer doesn’t have workers’ compensation insurance. Usually this means one of three things: 1. They really don’t have insurance even though it’s a felony not to have it. 2. There is insurance, but the employer is … Continue Reading
Hundreds of workers in Illinois get hurt every year because they miss a step. Whether or not you have a case depends on what made you miss. So if that happens to you, please think about it. If you simply trip over your own two feet then you probably have no case. If you miss … Continue Reading
We got a nice e-mail from a client who was originally told by a "Chicago workers’ compensation law firm" that he didn’t have a case. Long story short is that the client went to California on a business trip. He was up early because of the time change and went for a workout. The hotel … Continue Reading
If you get injured at the work place you have to show that it arose out of your employment (e.g. it was part of your work duties) and in the course of your employment (you were working at the time). Showing that a fight is part of your work duties is usually the reason you … Continue Reading
A reader asks: I am an actor part time and have a daytime desk job until I make it big (ha-ha). The theater company says we are independent contractors and want us to waive our rights to workers’ compensation benefits. Should I do this? You can sign a waiver, but it is meaningless as it … Continue Reading
In no particular order, here are quick blurbs from recent decisions by Arbitrators or Commissioners on Illinois work comp cases: -Officer who was directed to cross at a certain intersection to get to his job site won benefits for getting hurt in that crosswalk. Basically because he was told where to go, getting hit by … Continue Reading
I answer legal questions on a website where people can post questions for free. Other lawyers answer as well. Please note that I have no relationship with the attorneys that provided these answers, but it’s interesting to see what other attorneys have to say and how they try to promote (or not promote) themselves. Question: … Continue Reading
It is not uncommon for an injured worker to end up with depression or post traumatic stress. If there is no physical injury that led to the mental problem, it is very difficult to win a case. In other words, if you work long hours and your boss yells at you, a workers’ compensation claim … Continue Reading
A few times a month we’ll get contacted either by a traveling employee who was hurt in Illinois or someone that lives in another state like Indiana, works in Illinois, but got hurt on the job somewhere else. When asking us if they have a case, the question usually goes something like this: The adjuster … Continue Reading
A reader asks: I suffered a severe injury at work a few years ago and have been getting TTD benefits since then. I can either have surgery or conservative care. I chose not to have surgery and reached MMI and can not return to my previous labor job. The insurance company says I am not eligible for … Continue Reading
In general, accidents on the way to work or home after work are not covered under Illinois workers’ compensation law. In other words, if you are riding the train or driving in your car and get in to an accident, you can’t successfully file a claim (note there is a big exception to this rule … Continue Reading
Ok, that sounds like a cheesy anti-DUI commercial, but it’s true, at least when it comes to Illinois workers’ compensation. If you are drunk on the job and get in an accident because you were drunk (or high), you will not win a claim for workers’ compensation benefits. Strangely enough, if you are just sitting … Continue Reading
