Worker’s Compensation

Workers-CompensationWorkPlace Injuries

We are well equipped to handle your workplace injuries. Often an injury occurs, while in the  course of your employment, as a result of the negligence of a third party, such as a trip and fall or slip and fall accident while you are upon the property of someone other than your employer. In that instance you would be entitled under common law to benefits separate and apart from workers compensation including pain and suffering and loss of consortium. I have handled thousands of these cases and am ready to prosecute your case for you.

Construction related accidents often involve multiple parties and require special legal expertise. I have prosecuted these cases for over 35 years and am well equipped to represent you against multiple party defendants.

Dog bite cases

Dog bite cases require a certain level of expertise particularly with regard to the aspects of permanent disfigurement.I have handled numerous dogbite cases involving many varying degrees of scarring and permanent disfigurement. Please feel free to call me regarding this type of matter.

WORKERS COMPENSA­T­ION­

             Being injured while at the job is one of life’s most un­fortunate experi­ences .Often the injured party loses consciousness at the time of the injury only to recover con­scious­ness in a nearby hospital or clinic and is discharged to return home without the slight­est clue as to how he or she will be compen­sated for lost time, who will pay his or her medical expens­es, whether he or she can see medical person­nel of his or her own choice, and whether he or she will be entitled to a monetary award for the injuries that he or she sustained as a result of the accident.

            Having practiced law and handled workers compensation cases for over 35 years, I have confronted all of the above issues re­peatedly, and have spent countless hours explaining clients their rights in this regard. With this in mind, I decided to prepare this pamphlet as a means of aiding my clients in the understanding of their rights in the area of WorkersCompensation.

            This pamphlet is not intended to be an all inclusive explana­tion of your rights under the Illinois Worker’s Compen­sation Act, nor a substitute for the counsel and guidance which I provide all  clients, AND, IF YOU ARE UNSURE of any material contained herein or any situation arising out of your work related injury, Call my office immediately. 

LOST TIME – TTD

Total Temporary Disability Compensa­tion, or TTD, is the benefit that all workers covered under the Illinois Workers Compensa­tion Act are entitled to receive from their Employer if they have been injured during the course of their employment.

The most commonly asked question relating to TTD is:

  • When does it start?
  • How long does it run?
  • and How much money will I receive?

When Does it Start?

As a rule of thumb, you must miss three CONSECUTIVE days of work before receiving TTD benefits. If you missed 1 day or 1/2 a day, you are not entitled to collect TTD. You most probably are entitled to some sick benefit contained in your contract with your employer, but no benefit is due under Worker’s Compensation.

The TOTAL part means you are total­ly unable to work. If your employer has a light duty position, and you are deemed physically able to do that job, you are obligat­ed under the Workers Compensation Act to Perform the light duty job. You cannot refuse the light duty job, and collect TTD.

How long does it run?

As long as you are deemed totally unable to work you are entitled to TTD. Employers, however, are granted the right to have you examined by a physician of their choice to determine your ability to return to work. If that examination results in a finding that you can return to work, TTD ceases and you are obligated to return to Work.

How much Money Do I receive?

Under the Illinois Worker’s Compensa­tion Act, you are entitled to receive 66 2/3% of your AVERAGE Weekly Wage excluding overtime for the year preceding the injury.

AVERAGE means taking your gross wages (Excluding overtime unless it can be clearly proven that overtime was mandatory) for the 52 week period immediately before your accident. This means that if you recent­ly received a raise, you will average your pay for the entire year before your accident to arrive at your TTD rate.

MEDICAL EXPENSES

Your employer is obligated to pay all reason­able and necessary medical expenses for the care and treatment of injuries sus­tained during the course of your employment.

AGGRAVATIONS Your employer is liable for aggravations of preexisting injuries or conditions, if the aggravation is the direct result of your work related injury.

Can I Choose my own Doctor?

Yes you are entitled to see Two Doc­tors of your own choosing.

How Much MONEY Do I receive?

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LUMP SUM BENEFIT

Under the Illinois Workers Compensa­tion Act you are entitled to receive a lump Sum Benefit if you have sustained A PER­MANENT DISABILITY.This means you DO NOT COLLECT ANY MONEY FOR PAIN AND SUFFERING.In  Plain English this means that whatever you might have received for injuries sustained in a car accident has absolutely nothing to do with what you might be entitled to under Workers Compensation. It is like comparing Apples and Oranges.

Each injury involves a determination as to the nature and extent of the injury. The expertise neces­sary to make such a determina­tion is what your attorney should provide you. Quite simply, the years of dealing with these cases before the industrial Commission enables your attorney to ” Know what your case is Worth”. Your employer should provide you with a book published by the Industrial Commission which sets out the basic statutory guidelines for deciding the proper lump sum awards on various cases. This schedule is just the starting point for the attorney must be able to determine the “Percentage of loss of use”attributable to your injury.