Legal Question in Workers Comp in Illinois

You should absolutely contact a workers compensation attorney. The workers compensation system is highly complex and an employee needs an advocate. Although there is cooperation right now, you will come to a point of maximum medical improvement. At that point, you will get an impairment rating. The employer will want to see you with the lowest possible impairment rating. You will obviously want the highest rating. This is the point a settlement is made to compensate you for future medical costs, pain and suffering, etc. You will need an attorney who can request a second opinion if necessary and negotiate a settlement with the insurer.

I am sorry to hear about your injuries.

Here is what happens. Most injured start believing that their employer and the insurance company are nice and are doing the right thing because they pay for the medical bills. Do not be fooled and do not put your guards down. They do so because the have to and because it the law. Here are what you are entitled to:

1- payment for all your medical care; 2- most of your wage loss; 3- temporary total disability.

The part where you will be given grief is when, and if, your doctor tells them you cannot go back to work and they send you to their own doctor and the company doctor tells them that you are fit to run a marathon. Or, when time comes to decide the percentage of your disability. Without an attorney, you stand no chance to have a reasonable discussion with an adjuster whose sole purpose is to short change you--and that he has received hours of training in how to do it most effectively. At this point, do not be fooled into thinking that anyone is on your side. Without an attorney, you will most likely be settling your case for a song.

With respect to your question, in my view, if a supervisor asked you to do something, he temporarily placed that which he asked you to do within the scope of your employment.

I hope this helps-

Dear Sirs,

This is a compensable case since you were instructed to perform the work you were performing. It would be difficult for the employer to argue that this was not within your duties since you were told to perform the work that you were doing.

Should you wish to speak to a lawyer who has practiced for nearly thirty (30) years and has handled many such cases, please do not hesitate to call our office. (312) 977--9900.

Many thanks,

John C. Wunsch

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]