Worker’s Compensation FAQ
Workers’ Compensation – Processing Your Case
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.
No. The employee can sue the employer who fires him or her in retaliation for filing a workers’ compensation claim.
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.
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 also collect workers’ compensation benefits from your own employer.
Each case is different. But you should not begin thinking about settlement until you are completely finished with your medical care. Generally, undisputed cases take from 3 to 9 months to settle depending on whether the employer is self-insured or a municipality.
The employer is responsible for providing vocational rehabilitation — meaning a new job. The new job does not have to be with the same employer; it can be with any employer as long as it fits within your medical restrictions. The former employer must pay 66% of the difference between your pre-injury wages and what you earn at the new job until you reach age 67.
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 workers’ compensation claim in Illinois.
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.