What are my rights, can i sue the company or their insurance or my superiors?

Asked 11 months ago - Chicago, IL

i was injured at work, do to the negligence of the company, and i have been off work for over 2 months, and they refused workmen's compensation and all my bills are due and medical bill are due!

Attorney answers (7)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . If you are injured at work in Illinois, generally you have ONE option, which is to file a workers' compensation claim against your employer. You cannot sue your employer even if they negligently caused the conditions that caused the injury.

    Your first step should be to consult a workers' compensation lawyer. It is a bad sign that they are denying this claim and I can assure you that without a lawyer who understands the system there is zero chance of the insurer for your employer changing its mind on compensability.

    Determining what caused your injury, what your injury is, what sort of scenario you are looking at are all things an experienced comp attorney can assist you with and help work toward getting your case moved toward being accepted as compensable. Without knowing more about how this occurred, there is no way to know if it is a compensable case under the Workers' Compensation Act.

    Call a lawyer today at no obligation.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Gerald William Napleton

    Contributor Level 13

    11

    Lawyers agree

    Answered . You may have a valid workers' compensation claim. The company's negligence isn't a factor as your only recourse is to file a claim with the Illinois Workers' Compensation Commission. If a third party (someone or something different than your employer) was a cause of the accident you may be able to file suit against that person/entity through a third-party suit for personal injury.

    You should look into hiring a workers' compensation attorney quickly to get your past Temporary Total Disability (weekly pay) benefits to you. If they're disputing the case you may need to have a hearing in order to get your benefits started.

    Get on the phone and hire an attorney. The IWCC does not move very quickly and the longer you wait the longer it may take to work toward getting your benefits covered and medical bills paid.

    Please note that this answer is for informational purposes only and should not be construed as legal advice or an... more
  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Negligence has nothing to do with it. You have a Workers' Compensation claim that has been denied. You need to identify an experienced WC attorney to determine whether you have a valid claim. If you do, your attorney will need to file a Motion for Immediate Hearing. He can also alert your doctors that you had a work injury because it is illegal for a medical provider to try to collect an invoice FROM YOU during the pendency of your claim.

    Please don't wait.

    Candiano Law Office

    Charles J. Candiano
    53 West Jackson Blvd.
    Suite 1337
    Chicago, IL 60604
    (888) 373-9964 toll-free
    (312) 465-2914 telephone
    (312) 624--8184 fax

    website: www.CandianoLaw.com
    email: CJCandiano@CandianoLaw.com

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. John M Connell

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . You have a workers compensation claim and probably cannot sue your employer. If they have denied it for this long you need to get a workers compensation attorney to help you. There are many good Chicago attys here so pick one and make an appt to go over what you have.

  5. Michael Lebovitz

    Contributor Level 9

    7

    Lawyers agree

    Answered . You may have a work comp and personal injury claim to make but you do need to hire an attorney to help. You will not have to pay any money to the attorney up front. Fees are taken out of settlement or award.

    Michael Lebovitz Esq
    3250 N Arlington Heights Rd
    Suite 102
    Arlington Heights IL 60004
    (847)590-1795

    This information should not be construed as legal advice on any subject matter. It is not intended to solicit... more
  6. Mark Dean

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . There is not a lot of info to go on, but if you injured in the course and scope of your employment (or even arguably so) contact a local workers comp. attorney immediately.

    The contents of this post do not establish an attorney-client relationship. Any comments made in this post are... more
  7. Peter Daniel Corti

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . The question has been by 6 other knowledgeable lawyers they are all correct hire one before its too late.

    No attorney client relationship has been formed until you sign a representation agreement.

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