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.
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
Arlington Heights IL 60004
This information should not be construed as legal advice on any subject matter. It is not intended to solicit clients and does not constitute any type of transaction. Michael Lebovitz expressly disclaims all liability with respect to actions taken or not taken based on the information provided. No attorney-client relationship exists without a signed Attorney Client Agreement.
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
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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 general in nature and may not apply to the specific facts and law of your case.
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 offer to form an attorney-client relationship. It is always advisable to seek the help of an attorney licensed in your state before proceeding on any legal matter. Please feel free to contact me with the information listed below. Good luck! Napleton Law, Ltd. 312.255.0115 firstname.lastname@example.org www.napletonlaw.com
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.
Chicago, IL 60604
(888) 373-9964 toll-free
(312) 465-2914 telephone
(312) 624--8184 fax
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com
The question has been by 6 other knowledgeable lawyers they are all correct hire one before its too late.
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