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Chicago Illinois Accident Lawyers

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Do I Need to Hire a Worker’s Compensation Lawyer?

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If you have not yet hired a lawyer and want to handle your own case, you are free to do so.  You are an adult and free to make your own decisions, including bad ones which can cost you thousands of dollars and access to quality medical care.

But there are 5 questions that you should ask yourself before deciding that is what you want to do, and if you answer “no” to any of these questions, it is time to seriously consider getting a lawyer to help you with your worker’s compensation case:

  • Do you understand the legal framework for how worker’s compensation cases are resolved? 
  • Do you understand the procedures that must be followed to move your worker’s compensation case forward? 
  • Do you know what the deadlines (statutes of limitations) are for filing your case?
  • Do you have the time and ability to attend any hearings that are held up through the time that your worker’s compensation case is resolved? 
  • Have you obtained our medical records, reviewed them, and understand the significance of what is in your medical records? 
  • Do you understand how worker’s compensation cases are evaluated to determined what is a fair and reasonable settlement?

If the answer to any of these questions is “no” then it is time to get a lawyer because you are fighting an uphill battle against the insurance company. A “no” answer to any of those questions tells the insurance company that you are not going to be able to fully assert your rights because you don’t know what they are and/or how to stand up for them.

Moving forward with your case without the help of a lawyer when the answer to any of those questions is “no” will likely cost you thousands of dollars of benefits over the life of your case.

If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us as 312-263-1080 to discuss your issues and what options you have.  There is no obligation to hire our law firm, and there is no charge for the call.

I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this.

We are here to help truck drivers after an on-the-job accident.  Knowledge is power, and the first step in protecting your rights is to know what they are.

Stay safe!

My Comp Case Is Going Great …. But They Haven’t Made Me an Offer Yet

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There are guys who get hurt on the job and things go well – their disability checks get paid in the right amount and on time, their medical care gets approved and the bills get paid promptly … and they think to themselves, “Well, no need for a lawyer – I’ll just see what they are going to offer me.”

And for some, the only sound they ever hear will be crickets.  There won’t be a settlement offer forthcoming – ever.

Why?  The insurance company knows that if they don’t bring up the subject of settlement, the injured driver won’t either.  Maybe he is a “company man” and doesn’t feel right about asking.  Maybe he just doesn’t know, but if he never asks, the insurance company will get to save that money.

Maybe by handling the case is a decent, honorable way, the insurance company has bought a measure of trust from the injured driver.

What is happening while the driver is waiting for a settlement offer?  The time until the statute of limitations expires is passing, and once the statute of limitations expires, the insurance company can close the file, knowing it will never have to pay another dollar worth of compensation to the injured driver.

And that’s what they are banking on.  Silence is golden to them.

Bottom line: if your case has been handled in a decent way and you are back at work and there has been no offer forthcoming, you can bet the ranch that the insurance company is just running out the clock on your case.

If you don’t do something to assert your rights, you can’t count on them doing it for you.  It’s time to get skilled legal help with your worker’s compensation claim.  You can’t count on them treating you in a decent, honorable way going forward.

If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling our office at 312-263-1080 to discuss your issues and what options you have.  There is no obligation to hire our law firm, and there is no charge for the call. 

I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.

We are here to help truck drivers after an on-the-job accident.  Knowledge is power, and the first step in protecting your rights is to know what they are.

Stay safe!

Deadlines – Statute of Limitations for Worker’s Compensation Cases

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In last week’s Tip, we talked about the first deadline you have to meet for your worker’s compensation case to proceed, the 45 day notice deadline.  This week, we talk about the second deadline: the statute of limitations.

The Worker’s Compensation Act sets a deadline known as the statute of limitations for the filing of a formal document called an Application for Adjustment of Claim with the Worker’s Compensation Commission.  This is what starts your case going forward in the legal system.  If you or your lawyer do not file your case before the statute of limitations expires, you will probably not be able to collect any additional compensation for your injuries.

So, how long is the statute of limitations?  It is the later of three years from the date of accident or two years from the last receipt of benefits.  For most case that means three years from the date of accident, but if you are getting benefits for over a year, then you have two years from the last receipt of benefits.

Most worker’s compensation lawyers consider the 3 year date to be the statute of limitations you should work with, if for no other reason than it is more clear cut.  We tend to view the other way of calculating the statute of limitations as being like your emergency parachute when you go skydiving – it is a nice safety net, but nothing you ever want to rely on.

In truth there are few reasons to delay filing your worker’s compensation claim.  There are no filing fees and the sooner you get the case on file, the sooner you can get your case to trial if necessary. And the longer you let a case go without a formal case being filed, the greater risk you run of letting the statute of limitations date pass without filing your case.

If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have.  There is no obligation to hire our law firm.  You can also just call us at 312-263-1080. There is no charge for the call.

I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.

We are here to help truck drivers after an on-the-job accident.  Knowledge is power, and the first step in protecting your rights is to know what they are.

Stay safe!

Deadlines – The 45 Day Notice Requirement

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The worker’s compensation system is supposed to be pretty simple, but for a simple system, it puts in place not one, but two deadlines that an injured worker must comply with in order for their case to move forward.

This week we will talk about the first deadline – the notice deadline.

The Worker’s Compensation Act requires that you give notice of the accidental injury as soon as practicable but no later than 45 days after the injury.  The notice should be given to a supervisor.  It is better if it is in writing to avoid any dispute as whether you gave notice or when you gave notice.

Both deadlines have to be complied with in order for your case to proceed.  There are some injuries such as carpal tunnel syndrome, some lifting injuries, and hernias where the injury may not be immediately obvious or its connection to your work. In that case, the right course of action is to give your company notice as soon as possible and then let the system work out whether you provided timely notice or not.

Anytime you have the company or its insurer denying coverage based on lack of proper notice, you should get skilled legal help as soon as possible.

If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have.  There is no obligation to hire our law firm, and there is no charge for the call.

I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.

We are here to help truck drivers after an on-the-job accident.  Knowledge is power, and the first step in protecting your rights is to know what they are.

Stay safe!

The 10,000 Foot View

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Our first Worker’s Compensation Tip of the Week for truck drivers is to take a 10,000 foot view of the worker’s compensation system in Illinois.  In weeks to come, we will take a closer look at different issues and pitfalls, but just like when you play baseball or some other sport, the basic is the place to get started.

Worker’s compensation is an issue of state law, and the Tips you will be receiving relate to Illinois law.  Most states have systems that have some common features, but there are differences in every state.

Worker’s compensation is a no-fault system.  It doesn’t matter who is to blame for an accident – as long as you suffered an accidental injury arising out of and in the course of your employment, you are entitled to receive worker’s compensation benefits.  Employers are not permitted to discharge an employee for asserting rights under the Worker’s Compensation Act.

For most cases, there are three basic benefits that you receive:

1.       When you are unable to work or your employer is unable to provide you with alternative employment consistent with your work restrictions, you are entitled to receive payment of two-thirds (2/3) of your average weekly wage.

2.      You are entitled to have your medical expenses paid for care related to the injury you sustained at work.  You have the right to choose your own doctors.

3.      You are entitled to a payment for permanency that is associated with the injury called Permanent Partial Disability which is based on the parts of your body that were injured and you average weekly wage.  When people talk about a worker’s compensation settlement, this is usually what they are talking about.

If you are unable to return to work as a truck driver, there are also job retraining benefits.

Employers are required to have worker’s compensation insurance or have a certificate of self-insurance.  Only the largest companies self-insure.  When you have a claim, it will be handled by an adjuster whose job is to minimize the cost of the claim for the company which means limiting the amount of benefits that you receive.

Making a claim with the insurance company is not the same as filing a worker’s compensation case.  Worker’s compensation cases are heard in an administrative agency called the Worker’s Compensation Commission.  A worker’s compensation case is not actually filed until a formal document called an Application for Adjustment of Claim is filed with the Worker’s Compensation Commission.  There is no fee for filing the Application for Adjustment of Claim.

There are two deadlines you must meet in order to have a case: the notice deadline and the filing deadlines.  If you do not satisfy both deadlines, you are at risk for having your case dismissed.

1.      The Notice Deadline – you must give notice to your employer within 45 days of when you learn that you suffered a work-related injury.  The notice must be given to a supervisor.  It does not need to be in writing – oral notice is acceptable – but it is much more difficult to dispute the giving of notice when it is in writing.

2.      The Filing Deadline- you must file the Application for Adjustment of Claim with the Worker’s Compensation Commission by the later of three years after the date of injury or two years after the last receipt of benefits.

Worker’s compensation lawyers generally work on a contingency basis, meaning that they do not get paid unless there is a recovery for you.  In general, fees for worker’s compensation cases are capped at 20% of the recovery.  Most firms, including ours, front the expenses of working on the case, but must be reimbursed those expenses at the end of the case.  That means that there are no up-front costs for hiring a lawyer to help you with your worker’s compensation case.

We are available to answer any questions you have by e-mail or over the phone at 312-263-1080.  There is no charge for calling us, and you are not obligated to hire our law firm. 

I hope that this was helpful to you.  You should feel free to share this tip with anyone who you think could benefit from this information. 

Stay Safe!

The Law Officecs of Barry G. Doyle, P.C.

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(312) 263-1080

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Skokie, IL
  • Law Offices of Barry G. Doyle, P.C. 4709 West Golf Road, Suite 1140
    Skokie, IL 60076
  • Phone: (312) 263-1080
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