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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,575 total


  • My husband is a plumber and broke his heal bone at work on a huge huge commercial job Just now released by Dr.

    He is still doing physical therapy, he was just released by the Dr. to go back to full duty. In the report it says his Achilles tendon Will be compromised Permanently. Because of the line of work he's in is there be a base value to go off of. I...

    Charles’s Answer

    The MOST important consideration must be an analysis of whether your husband may have a 3rd party claim against any entity on that jobsite OTHER than his employer. You need an attorney skilled in Workers' Compensation AND 3rd party claims.

    The answer to your question is as follows: Under Illinois law, the foot is worth 167 weeks of permanency. Hence 5% of a foot is 8.35 weeks of permanency. A worker's permanency is defined as 60% of his average weekly wage, subject to a maximum of a little more than $700 (depending on the date of accident). If he was injured after 7-1-14, the maximum rate was $735.37, so his maximum recovery on 5% foot is $6,140.33 (8.35 x $735.37). If your husband fractured his heel and injured his achilles tendon, with permanent restrictions, 5% is VERY low. The injury you describe is worth 5%-15% Foot. Please make him consult an experienced Workers Compensation attorney BEFORE he agrees to anything.

    For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.

    Here, your husband also need advice on the viability of a 3rd party claim.

    You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.

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  • I'm at the end of a workman compensation case and we are disputing offers. Bilateral Carpal Tunnel, operation on both and no fin

    final Nerve Conduction Study. I have pain always and cannot put pressure on the inside of my palms, I have no grip strength. The claims adjuster has come up from $1500 to $2500. I have went from $23000 to $10000. Am I wrong here?

    Charles’s Answer

    If you are losing $13,000.00 per year, you NEED to hire a Workers' Compensation attorney, ASAP to analyze your situation. This is a factor which can be considered when the PPI rating is performed. In the initial free consult, ask the attorney what he can do for you. At worst, you can petition the Board for another PPI rating. If the true value of your injury (under Indiana Law) is anything near what you quoted, it may not be economically feasible for you to seek an independent PPI rating or even to depose the doctor who provided your present PPI rating because the deposition will cost you at least $1750,00 with transcript.

    Unfortunately, Indiana Workers' Compensation makes NO PROVISION for a wage differential. If your injury caused you to lose $50,000.00 a year for 20 years, In Illinois, you would be entitled to the present cash value of $800,000.00. In Indiana, you get the statutory calculation of your PPI rating, ONLY.

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  • A random person pulls beside me, in a regular civilian car and flashes police badge to pull me over, what do I do?

    He pulls beside me and yells, "I'm a police officer". I pull away (not knowing what to do) so he fallows me for miles until I got stopped at a red light. He pulls up beside me again and yells " I got all your information, I'll be seeing you soon"!...

    Charles’s Answer

    You need to stop posting about this and consult a criminal defense attorney ASAP. As long as he identified himself as an officer and provided his I.D.(which you acknowledge that he did), you were obligated to pull over.

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  • I was rear ended by a ambulance almost a month ago...

    I had no injuries, my small child was in the vehicle, I have damages and would like them to be fixed. Since then the private insurance company for the driver has been giving me the run around. My insurance company (statefarm) has tried to resolve...

    Charles’s Answer

    Do you have property damage insurance? If so, simply take your car to be repaired and tell thel to bill State Farm. You will owe the deductible but State Farm will eventually recover it from the at-fault driver and send you a check. Done. No worries. Certainly no reason to incur legal costs.

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  • I was terminated after receiving a workmen comp settlement was still on medical leave and then denied early retirement pension

    I was on medical leave due to getting hurt on job I was terminated while still on leave and then denied my disability pension was told that I was months short of work time so when asked found out that I had been penalized for time I was off injured

    Charles’s Answer

    Workers Compensation does not guarantee your job and pension plans have their own rules. It is not surprising that you would not be credited for time you did not work because you made no contributions during that time. This is not a penalty.

    The Commission would not have approved a settlement unless some doctor pronounced you to be at MMI (maximum medical improvement). If you did not have an attorney, there was nobody to bring the fact of your ongoing care to the Arbitrator's attention.

    You went before the Arbitrator and told him that you wanted to settle your case and that you understood the insurance company would be released in exchange for whatever sum you agreed. Without an attorney, you probably settled for 30-40% less than you could have and you may be responsible if any unpaid bills turn up in the future. Not having an attorney was a big mistake.

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  • How do I get the person who stole my car arrested?

    Last night my car was stolen by one of my fiances roommates while it was parked outside his house. I did go to the police and try to file a stolen vehicle report, but before the officer entered the report, I got the car back. When he found out tha...

    Charles’s Answer

    If there is a police report, as you say, you can take that report to your county Prosecuting Attorney. There, you can swear out an affidavit which would provide the basis for charging this girl.

    The decision whether or not to file charges is in the SOLE DISCRETION of the prosecutor. You have no say in the matter.

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  • Can a town police officer pull you over on an interstate a mile or more down the road and issue a ticket.

    Officer says I was doing 62 mph in a 40 mph zone. Iask him where, he replied just before you got off the exit. I said couldn' t be, I was behind a truck and trailer going very, very slow, less than 40. Thr officer then said, it must have been b...

    Charles’s Answer

    Absolutely. They have concurrent jurisdiction with the State Police on any roadway within the town's boundaries.

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  • My husband is in jail on a suspicion of a burglary. he was already on house arrest for a burglary in 2009 ...

    he is on a 72 investigation and we dont know what evidence they have since i know he didnt commit the crime whats my options

    Charles’s Answer

    Once he is charged, you can get a copy of the Charging Information and Probable Cause Affidavit. You would then hire a Criminal Defense attorney so he can request Discovery. The State MUST disclose EVERYTHING they know - BOTH for and against your husband.

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  • Car wash attendant crashed my vehicle into another vehicle. How can I recoup my money for deductible and rental fees

    car wash attendant states his foot got stuck on something in the car and he was unable to s top the vehicle.

    Charles’s Answer

    Get the car wash's insurance information and give it to your insurance along with a copy of the incident report. The car wash insurance will reimburse your insurance and they, in turn, will reimburse your deductible. If you do not have rental coverage, you cannot COMPEL the car wash to pay. That said, they should offer to pay on your facts.

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  • How do I get back pay or medical bills covered?

    I worked for Amazon for almost 4 years. October of 2015 I got injured on the job. In December I was let go from my insurance and lost almost everything I had because of being off of work. Amazon has informed me that I can't come back til I'm relea...

    Charles’s Answer

    I agree with Mr. Farr. In addition, you could have applied for health insurance under the Affordable Care Act from October through February. It would have been free.

    Your related care should be covered under Workers' Compensation. See a local WC attorney ASAP.

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