Workers' Compensation Question & Answer Session With Attorney Donald W. Fohrman
The following excerpts include frequently asked questions for general information purposes only. Your potential workers' compensation claim case carries its own set of circumstances in need of assessment by competent legal counsel. However, these questions and answers do outline common problems and legal issues that arise in workers' compensation cases. Contact Attorney Donald Fohrman at (866) 768-0645 to discuss your case.
- Why aren't all on-the-job injuries covered by workers' compensation?
- If I am injured at work, how much time do I have to report it to my employer?
- Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
- If I am out of work due to an on-the-job injury, does my employer or its insurance company have to pay me the same amount I made when I was working?
- What is the Workers' Compensation Act?
- Can I still claim workers' compensation in Illinois if I am injured in another state?
- What is a Retaliatory Discharge lawsuit?
- What steps can I take to assist my attorney to protect and maximize my recovery in a Retaliatory Discharge lawsuit ?
- When should I hire a lawyer?
Why aren't all on-the-job injuries covered by workers' compensation?
ANSWER: Injuries are covered only if they arise in the course and scope of your employment and in a compensable fashion. You must be injured by accident, by specific traumatic incident, or by an occupational disease process. These terms are extensively defined by workers' compensation laws. Generally an accident means that something unusual happened, such as a trip, slip or fall, resulting in your injury. However, any unusual circumstance may constitute an "accident."
If I am injured at work, how much time do I have to report it to my employer?
ANSWER: You should report your injury as soon as possible. Some states the laws allow up to thirty days to file a written report, but the best practice is to report it immediately to your supervisor and fill out a written accident report. Try to keep a copy of the written accident report for your own records. It is far better to report an accident that turns out to be nothing than it is to assume your injury will not be significant, fail to report it, only to find out later that you have a serious, unreported injury. Cases are often denied because the employee did not report the accident or injury as promptly as he should have.
Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
ANSWER: Definitely. The Illinois Supreme Court has ruled that "although Carpal Tunnel Syndrome develops gradually and not the result of a sudden mishap," it is still considered a work-related injury.
If I am out of work due to an on the job injury, does my employer or its insurance company have to pay me the same amount I made when I was working?
ANSWER: No. Your "compensation rate" is 2/3 of your average weekly gross wages. Your average weekly wage is the average of your gross pay over the fifty-two weeks prior to your injury in the employment in which you were injured. In other words, if you had worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty-two weeks immediately preceding your injury would be added up, divided by the number of weeks worked, and then reduced to 2/3 to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum. For the year 2005, the maximum is $704.00 per week.
What is the Workers' Compensation Act?
ANSWER: In 1911, the Illinois Workers' Compensation Act was enacted by the Illinois legislature to provide financial protection through the payment of specified benefits, to any worker who sustains an on-the-job injury. Every employer is responsible for providing Workers' Compensation benefits to injured workers directly (self-insured) or through the purchase of a Workers' Compensation insurance policy. These benefits are provided at no cost to employees.
Can I still claim workers' compensation in Illinois if I am injured in another state?
ANSWER: Yes. Every worker injured in Illinois, even those hired in Illinois but injured while working in another state or injured while working in another state for employer whose principal place of business is in Illinois, is covered by the Act.
What is a Retaliatory Discharge lawsuit?
ANSWER: Section 4(h) of the Illinois Workers' Compensation Act provides, "it shall be unlawful for any employer to coerce or discriminate against, harass, refuse to rehire or recall, fire or threaten to fire or force to resign" any worker in retaliation for filing a Workers' Compensation claim. Should your employer fire or in some manner forces you to resign, you have the right to file what is known as a Retaliatory Discharge lawsuit.
What steps can I take to assist my attorney to protect and maximize my recovery in a Retaliatory Discharge lawsuit ?
ANSWER: If you "sense" that your employer may be in the process of firing you as a result of your applying for or receiving Workers' Compensation benefits, you should:
- File an Application for Adjustment of Claim with the Illinois Industrial Commission as soon as possible. The filing of this form will effectively negate any defense by your employer that they were "not aware that you had filed for Workers' Compensation benefits when you were fired."
- Keep a daily diary recording all events and conversations which could be relevant to document your Retaliatory Discharge claim.
- Collect and preserve all written communications you may have received from your employer. A fellow worker may indicate a willingness to attest to such statements made by your employer. You should attempt to secure a written or recorded statement from any fellow workers who are witness to any comments by your employer regarding your employment status. After a lawsuit is filed they cannot be relied upon to verify any statements made by your employer for fear of jeopardizing their own job.
ANSWER: You should hire a lawyer if one or more of these issues are present in your case:
a) Your case has been denied; or
b) Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss; or
c) The insurance company has understated your "average weekly wage" and therefore your compensation rate; or
d) You are having trouble getting the medical treatment that you believe you need; or
e) The case has been neither accepted or denied, but quite a bit of time has passed since you were hurt and you are not able to get a response from the employer or insurance company on your own; or
f) You have been released by your treating doctor but you feel you need additional medical treatment; or
g) You have been injured at work and subsequently fired by your employer; or
h) You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages; or
i) You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating; or
j) You have been offered a settlement by the insurance company, but you don't have any idea whether it is a fair settlement or not; or
k) You simply want the guidance of an experienced professional to help you through the maze of workers' compensation.
If you or your loved one has been injured on the job or has been denied a workers' compensation claim, contact the Illinois workers' compensation lawyers of Donald W. Fohrman & Associates at (866) 768-0645 or complete the contact form on this site. You will pay nothing unless we reach a settlement for you.