Worker’s Compensation FAQ
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My employer wants me to put the medical bills through my health insurance company. Should I do that?
No. You should not put bills that you incur from a work injury through your own health insurance. You will have to lie to the doctors and tell them the injury did not happen on the job. Once that lie is told it is hard to then claim the injury did happen at work. Plus, putting the medical bill through your health insurance when it should be workers comp insurance could be viewed as insurance fraud.
Also, you will be responsible for the co-pays and deductibles. The employer is required to pay 100% of all your medical bills. It’s been our experience that employers who say “Don’t worry, I will take care of you” generally do not keep their word.
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Can my employer fire me for filing a Workers Comp claim?
No. The employee can sue the employer who fires him/her in retaliation for filing a workers’ compensation claim.
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Must I go to the employer’s clinic to get treatment?
No. You have the right to choose any doctor you wish. If the employer and an employees’ representative have agreed to a list of doctors, then one of the doctors on that list becomes your second choice of doctor.
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Can I sue a co-employee who caused my injury at work?
No. The Act prohibits you from suing a co-employee from your company. However, if the employee of another company causes your injury you can sue that employee and the company that employee works for and collect worker’s compensation benefits from your company.
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How long do workers’ compensation cases take to settle?
Each case is different. But you should begin thinking about how long the case will settle until you are completely finished with your medical care. Generally, undisputed cases will take from 3 months to 9 months to settle depending on whether the employer is self-insured or is a municipality.
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What happens if I can’t return to my job?
The employer is responsible for providing vocational rehabilitation- or in other words- a new job. That job does not have to be with the employer but can be any other job that fits within your restrictions. The former employer is responsible for paying 66% of the difference between the wages you were earning at the time of the injury and what you are earning from the new employment until you reach the age of 67.
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Do I still have a case if my injury occurred outside Illinois?
If you were hired in Illinois or work in Illinois, but your accident happened in another state while you were working, you can file a Worker’s Compensation Claim in Illinois.
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The insurance company must offer a settlement, right?
No. The insurance company is not obligated to offer a settlement.
Contact Barber Law Offices, LLC
Do you have questions about Worker’s Compensation claims? Contact Barber Law Offices LLC at (847) 303-9780.
