Illinois Workers’ Compensation and Driving

Illinois Workers’ Compensation law is often complex and turns on unusual facts and circumstances.

If you are injured driving to or home from work, then you usually cannot be awarded benefits pursuant to the Illinois Workers’ Compensation Act.

There are certain exceptions.

If you are traveling for a work purpose, then you can typically win your case.

For instance, if you are driving from your home on your way to work to pick up office mail at the post office and you are involved in an accident then your injury should be compensable.

Or if you are taking an office deposit to the bank after work and are injured, then you should win your case.

You do not have to prove someone else is at fault in these type of accidents to win your work injury case.

As a matter of fact you could be at fault or inattentive in some way and still be able to recover under the Illinois Workers’ Compensation law.

Another exception is if are on a business trip and injured while driving. This would include accidents while on free time or while going out to dinner. The law expends coverage greatly while you are on a business trip.

You may also be able to file a negligence claim against the other motorist if they are at fault.

Questions about a work injury? Feel free to contact Illinois Work Attorney Dirk May at 309-827-4371.

Illinois Work Comp- What is Really Going On

Workers’ Compensation cases in Illinois can be frustrating.

It seems like everything should proceed on a nice time table and you get your medical treatment, off work pay, and money for injury right away.

Not always so easy.

When there is a dispute things can grind to a halt.

If the insurance company sends you to their doctor and the doctor gives the opinion that you are able to return to work or do not need any more treatment, then it can become a shoot out between your doctor and the insurance company doctor.

The Work Comp insurance company can require the deposition of your doctor (this is testimony from your doctor) that may take months to schedule.

The deposition of the insurance company doctor can also take months to schedule.

Sometimes the arbitrators are not so interested in hearing the case because they prefer the parties work out the dispute between themselves.

It often takes time for the parties to settle because you cannot close the case out until you have completed medical treatment or reached maximum medical improvement.

Sometimes the medical bills take some time to sort out because the providers are slow or there are multiple insurance companies involved.

All trials are subject to appeal rights that may extend for several years.

The reason that Workers’ Compensation cases can take longer is because the law is complicated and there are many pitfalls that must be addressed before the case is ready for trial.

Questions about your work injury case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

What Happens at a Illinois Workers’ Compensation Hearing?

If you cannot get the settlement offer you want, then you have the option of having a hearing to decide your case.

The more you know and understand about the process the less fear you will have.

It is nothing like you see on television.

The trials are considered administrative proceedings.

The Arbitrator is a judge who is hired by the State of Illinois as a full time employee.

There is no jury.

The Judge listens to the evidence and decides your case.

The insurance company has a lawyer who will represent them. The lawyer will question you and put on evidence.

You will testify about your accident, your medical treatment, and how you have recovered.

There are no opening statements or closing arguments.

The Arbitrator will issue a written decision.

There are no time lines for when the Arbitrator has to issue the decision. However, it is written and provided to the parties usually within 30 to 120 days.

Either side may appeal the decision to a 3 Judge panel of Commissioners.

This will take from 6 months to over 1 year.

After this either party may appeal to Circuit Court and finally the Illinois Appellate Court.

The majority of cases that go to trial stop at the Commission level.

I hope this takes some of the mystery and fear out of what happens at a Workers’ Compensation hearing in Illinois.

More questions about Work Comp? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

Illinois prison guard seeks PTSD disability over brother – News – The State Journal-Register – Springfield, IL

Illinois prison guard seeks PTSD disability over brother – News – The State Journal-Register – Springfield, IL.

Click above to read.

The odds of prevailing on a Workers’ Compensation claim of this nature are slim. Even a disability claim will be difficult to prove. The guard would need proof that he could no longer work and have the support of a doctor and medical records to show that he could not work as a prison guard anymore.