Legal Question in Workers Comp in Illinois

Re: in the dark

QUESTION:

hello on 3/13 i slipped and fell in the freezer at work while filling out the required paperwork i was fired ( unrelated) went to dr. next day he took xrays and verified damage recomended seeing spine dr well being ignorant i went and applied for unempolyment and recieved now dr is saying that i cant work i think i should be getting w/c payments they say they will make up the difference im getting the shaft and i feel if i tell unemployment i will have nothing coming in

ANSWER:

If you are an employee and you were injured in an accident while you were working (and assuming that you reported the accident to your employer) then you are entitled to certain benefits.

Among those benefits are the payment of a portion of your wages while you are unable to work, the payment of your injury-related medical bills and compensation for any permanent injury.

The fact that you went to the doctor the next day would bolster your case, as long as the history given to the doctor is consistent with your claim.

If your medical doctor has removed you from work because of this accident, your employer has an obligation to pay you temporary total disability payments ("TTD" benefits).

TTD benefits are 66% of your average wekely wage (subject to certain maximums and minimums)

You are not, however, entitled to unemployment benefits once you are medically unable to work.

You should immediately contact a lawyer to file a workers' compensation claim and notify your employer's comp carrier of your need for TTD benefits, etc.

There may be a gap in time before your benefits are paid to you but in the long run you will be much better off with the protection afforded under the Workers' Compensation Act if you have suffered a disabling work injury.

Let me know if you need more information,

Matt Belcher

Re: in the dark

You have a right to receive benefit under the WC. Unless you make a claim you will not receive any benefit and unemployment is not forever and does not take into account your medical needs.

You must talk to an attorney about this. There is usually no charge to you and the attorney is paid on a contingency bases.

Best advice is to talk to a lawyer.

Good luck,

Taradji Law Offices

Re: in the dark

You should be getting benefits.

Filing for unemployment causes

a bit of a wrinkle but we can

overcome that issue.

A few questions.

What is nature of your injury?

Did you fall on your employer's property?

What is your current condition?

Please contact me for a free consultation.

Scott Blumenshine