Legal Question in Workers Comp in Illinois

injured at work

last july i broke my foot while doing some landscaping at work. I broke it by steeping off the curb, unfortunatally i stepped were there was a broken part and fell. I have had to have two surguries so far and the doctor told me I would only get 80 to 90 % usage back and that the pain should go away in a couple months. I've been out of physical therepy for two and half months and am still having pain and difficulty. What are my options?


Asked on 4/16/07, 9:24 am

6 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

Re: injured at work

Dear Sirs:

Your options are to file a workmen's compensation case in which you can recover medical expenses, two-third (2/3rd) of your lost wages, and a lump sum settlement based on the nature and extent of your injury, as well as other benefits under the Illinois Workmen's Compensation Act.

Please do not hesitate to call should you wish to discuss.

Many thanks,

John C. Wunsch

[email protected]

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Answered on 4/16/07, 10:00 am
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: injured at work

You are entitled to benefits under the Illinois Workers' Compensation Act. Feel free to contact my office at 312--357--1431, if you would like to discuss this.

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Answered on 4/16/07, 10:15 am
Michael Favia Favia Law Offices

Re: injured at work

You seem to have a good worker's compensation case. Also,you might have a third party case here where you can sue for pain and suffering (which is not available under a worker's compensation claim alone)in addition to the worker's comp case. Please contact my office to fully discuss your rights and options.

Thanks,

Mike Favia

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Answered on 4/16/07, 10:33 am
Scott A. Blumenshine Blumenshine Law Group

Re: injured at work

Your options include both a worker's compensation claim and a claim

against the entity that owns and/or

maintains the broken curbing.

Under worker's comp you should

have all your medical expenses paid

and you should receive proper medical attention for your foot with either

your original physician or

one of your choosing.

Worker's compensation is designed to

provide you with partial reimbursement

of your wage loss, all medical expenses and a lump sum award for the permanency

of your injuries.

A claim against the owner/maintainer

of the broken curbing would allow you

to seek damages for pain and suffering, and disability in addition to wage loss

and medical expenses.

Please consider contacting me for a free consultation.

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Answered on 4/16/07, 10:33 am
Nima Taradji Taradji Law Offices

Re: injured at work

You best option is to speak with an attorney ASAP. If you are still hurting, there are no reasons why you should not continue treatment until you reach a maximum medical improvement. Only an attorney can help you fight the insurance company who simply wants to pay less and so they have doctors clear half treated patients back to work.

You may also have a claim against the party who was responsible for the broken curb.

Your best bet is to talk with an attorney in person and see what options you have.

I hope this helps,

Taradji Law Offices

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Answered on 4/16/07, 10:38 am
Matt Belcher Belcher Law Office

Re: injured at work

QUESTION:

last july i broke my foot while doing some landscaping at work. I broke it by steeping off the curb, unfortunatally i stepped were there was a broken part and fell. I have had to have two surguries so far and the doctor told me I would only get 80 to 90 % usage back and that the pain should go away in a couple months. I've been out of physical therepy for two and half months and am still having pain and difficulty. What are my options?

ANSWER:

You have a few options:

In general, you have 3 (three) years to file a worker's compensation claim and 2 (two years) to file a third-party case against a negligent party.

Assuming you notified your employer of your injury, your first option is to handle the case alone.

If everything is going smoothly that may be acceptable, as long as you are diligent in learning what rights you have in the claim.

However, workers compensation can become complicated, your needs may change or the insurance company may start to infringe upon your rights.

If problems start to arise you may need to seek out an attorney.

Please remember that lawyers in my office only charge a percentage of the "disputed" benefits and a percentage of your "lump sum settlement", and the percentage charged is only 20% (twenty percent).

As such, in workers' compensation cases lawyers tend to be worth the expense - but you should take your time and talk to a few different lawyers to see who fits your needs the best.

With regard to a possible third-party case.

If a third party caused your injury, you have a right to file a lawsuit against them. That would definitely require an attorney because you would be dealing with complex pleading requirements and discovery tactics.

Regardless, if you need more information, please do not hesitate to ask.

Good Luck,

Matt Belcher

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Answered on 4/16/07, 1:08 pm


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