Legal Question in Workers Comp in Illinois
Where is my workers comp money
I had a bad injury at work, to my neck, which i told my supervisior, and all he said is i have done that before, so it was not reported. All also have carpal tunnel in both hands. I have good lawyers, i am told. This has been going on since july 20th 07, of course my boss says it didn't happen at his job, so he is fighting it with his insurance company, i have had the surgery, and more surgeries to come, my job was a laborer, construction. I have had to beg, borrow, steal, to keep afloat, we are very close to losing our home, loosing everything. If i would of know this was going to be like this, i would of worked in pain until i dropped dead! I had to sell my own vehicle to pay my morgage for one month, i was able to get food stamps, thank the lord. I feel so defeated, i used to make 32 dollars and hour. So does anyone have any thought of what i should do next? How do you keep a home? This is not my fault, and they sure make you think you have done something so wrong. They say their are laws, but they don't follow the laws, workers comp is so laughable, if it wasn't for crying for my family, i would be laughing. Thanks for listening.
2 Answers from Attorneys
Re: Where is my workers comp money
I think you should be having this conversation with your current lawyer!
Call him and set up an appointment to discuss your rights and HIS/HER plan for getting you your benefits.
Your lawyer should already have a 'petition for immediate hearing' on file with the Workers' Compensation Commission and you should be appearing before an arbitrator within four to six weeks at the latest.
Once the trial takes place there is little that your lawyer can do but encourage you to hold on....but without getting you before the arbitrator quickly is inexcusable.
I speak with clients all of the time who feel depressed due to their injury and the monetary pressure - often their lawyer is working very hard for them but not doing a good job communicating the 'process' - so I think that you will feel much better if you see you lawyer (without delay) so that he can answer all of your questions.
If your lawyer has NOT filed a petition for immediate hearing, then you need to seek new counsel. Three months is too, too long to wait in an emergency situation, such as yours.
Once you can establish your injury as being work-related before the Commission, then you will be in a much better position financially.
The insurance company will have to make sure that you continue to earn the same amount as you did prior to the accident if you cannot return to your old position as a construction laborer and they will have to pay you for all of the time that you were unable to work, if a doctor removed you from duty.
Moreover, if the Commission finds that your employer and/or insurance company acted in bad faith, then they can assess additional fines and penalties that will benefit you....but that all takes time!
Good luck and let me know if you have any more questions,
Matt Belcher
Re: Where is my workers comp money
Worker's Compensation can be a frustrating experience. I tell all of my clients up front that it can take longer to get money that you are financially prepared for. I do think you did the right thing to file a claim - it is your right under the law, and if you do indeed have a good case, you should eventually get justice.
I do not know the details of your claim, and I do not know the attorney that represents you. What I do know is that your attorney is likely working hard to get your claim resolved. It just takes time. Too much time, most people would say.
If I were your attorney, I would discuss financing possibilities with you, depending on the strength of your claim. However, because you are represented, I cannot get into the specifics.
Good luck, hang in there, and things should work out alright in the end.
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