Legal Question in Workers Comp in Illinois

settlement

i had disk replacement surgey in jan. of 07 i am a machinist of 12 years and now i was released from the doctor with forty two and a half pound weight limit restrictions i have numbness in my left leg and i am still in a lot of pain when i do physical work i am not able to do the work i have done in the past the company i worked for has let me go for they say insurance purposes am i still entitled to workmans comp util i can find something i am able to do and what should i accept as a settlement please help me i have three young children to take care of


Asked on 8/20/07, 2:03 pm

5 Answers from Attorneys

Kelly Bennett Bennett Law Offices

Re: settlement

Please, do yourself a favor and retain an attorney immediately. You need to be vocationally rehabilitated, which will likely result in what is termed a "wage differential" case.

You should not attempt to handle this claim on your own.

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Answered on 8/21/07, 5:04 pm
Matt Belcher Belcher Law Office

Re: settlement

QUESTION:

i had disk replacement surgey in jan. of 07 i am a machinist of 12 years and now i was released from the doctor with forty two and a half pound weight limit restrictions i have numbness in my left leg and i am still in a lot of pain when i do physical work i am not able to do the work i have done in the past the company i worked for has let me go for they say insurance purposes am i still entitled to workmans comp util i can find something i am able to do and what should i accept as a settlement please help me i have three young children to take care of

ANSWER:

You need vocational rehabilitation.

Very seldom have I ever told someone that they need to call an attorney immediately but this is one of those instances.

You have a serious problem and need someone to force the insurance company to start a program of job training AND placement - during that time the insurance company MUST pay you the same amount of money as you were making while off work.

Please call a few experienced workers compensation lawyers and make an appointment to discuss you case right away.

Good luck and let me know if you need any further assistance,

Matt Belcher

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Answered on 8/20/07, 2:20 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: settlement

Dear Sirs:

You have certain rights under the Illinois Workmen's Compensation Act, including the right to a lump sum settlement, as well as retraining expenses.

Please call our office should you wish to discuss.

Our firm has been in existence for twenty five years and has successfully handled many such cases in the past.

Sincerely,

John C. Wunsch

Law Offices

JOHN C. WUNSCH, P.C.

info@wunschlaw.com

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Answered on 8/20/07, 2:37 pm
Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Re: settlement

I have many clients who have been in your shoes and I do empathize with your situation. I highly recommend you speak with an attorney to learn your options.

To answer your question, if the injury from your job has caused you to have a permanent restriction, and your employer cannot accomodate those restrictions, they have a duty to help you find a new job within your restrictions - this is called vocational rehabilitation. The insurance company is required by law to help you find a new job as well as pay you while you are off work looking for a new job.

The insurance company may not likely begin doing this however, until forced to do so - as this process costs them tons of money. An experienced attorney can file the proper motions to kick start this process and ensure your rights are protected.

I have handled many such claims in the past and I would be happy to disucss your case with you further. Feel free to contact me at the information provided below - consultations as always are no charge.

Good luck and I hope this answer helps.

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Answered on 8/20/07, 2:40 pm
Nima Taradji Taradji Law Offices

Re: settlement

The answer is YES. You are entitled to compensation so long as you are unable to work and if you are cleared to go to work yet are unable to perform your duties, either, you need a second opinion or you need to be trained to do something else so that you can provide for your family.

The insurance company will not do the right thing on their own. They have to be "persuaded." You stand no chance of winning if you want to tackle this on your own--the adjuster is well versed in the law and will use it to his advantage. You need someone equally trained on you side.

My office can help you in this--

I hope this helps,

Taradji Law Offices

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Answered on 8/20/07, 3:17 pm


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