Good Illinois Workers' Comp Info You Should Know

Every couple of months I like to do a post on some of the best questions we’ve received as of late. 

In no particular order:

I was hurt while working at a customer’s home. Does that change my rights for work comp?

It doesn’t change your rights, but we’d want to know if the customer was negligent in any way. If you hurt your shoulder lifting a box it would just be a work comp case. On the other hand, if you were headed to their basement and fell because a step broke, you might have a case to also sue the homeowner.

Can the insurance company force me to have surgery?

No. You have to cooperate with reasonable medical care, but nobody can require you to have someone cut open your body. Declining surgery is allowed. On the other hand, if you refuse to go to physical therapy when it’s ordered you might lose your benefits.

I got hurt at work and smoked pot after the accident because of the pain. If I take a drug test I will fail. Can they deny my claim over that?

They can, but you can testify that you weren’t high when you got hurt and still win your case.

Do I need to see my doctor for a MMI rating before settling my case?

That’s a sophisticated question. The answer is that you do not have to do that and we wouldn’t advise you to do it either.

Is it required to return to work after a work related injury?

It’s not required, but don’t quit without talking to an attorney first as quitting could dramatically affect the value of your case.

Does a doctor have to treat you if you have no insurance but were hurt on the job?

If it’s a work injury case, work comp pays for 100% of your medical care. As a result most doctors are thrilled to have work comp patients. That said, we can’t make any doctor treat you who doesn’t want to and we’ve come across some (not many) who choose not to get involved in work comp cases.

I was injured at work but don’t need a surgery. Will I still get a payout in the end.

There is no requirement that you have a surgery in order to get a settlement.

There was a video tape of my accident, but my employer won’t release it to me. Is there any way to get it?

Yes, you’d have to formally file a case at the Illinois Workers’ Compensation Commission and then we’d issue a subpoena to get a copy. Don’t delay if that’s a concern as often those tapes get erased.

By Mike Helfand

Courtesy of Illinois Workers Compensation Law Blog

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