Legal Question in Workers Comp in Illinois

their doctor not mine has decleared me MMI

My doctor has yet to declare me MMI because of ongoing tendinitis ( I have had two surgeries so far and a possible third soon). I saw my works IME who has said that he believes that I will not get any better then I am now and declared me MMI. He also put bigger restrictions on me then my own doctor he is saying no kneeling, crawling or squatting my doctor says no more then 5 minutes every two hours. Since I am a mechanic these restrictions will force me to get a different kind of job. My work has clerks at about $20 an hour and my position at $45 an hour. can they get away with paying $20 if the offer me one of the position or do they have to pay me what I am making now?


Asked on 8/26/08, 3:24 pm

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: their doctor not mine has decleared me MMI

From your question, it sounds like you do not have a lawyer working for you. The truth is that, they can get away with anything you let them regardless of whether it is legal or not. You, on your own, stand no chance to force them to do the right thing and either give you a wage differential or pay you for re-education and perhaps getting into another profession that you can do and pays either the same or more.

I hope this helps,

Taradji

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Answered on 8/26/08, 10:18 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: their doctor not mine has decleared me MMI

Dear Sirs:

You are entitled to a wage differential which we can explain to you once you call our office.

Many thanks,

John C. Wunsch, P.C.

Law Offices

(312) 977--9900

[email protected]

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Answered on 8/26/08, 3:45 pm
Mike Helfand IllinoisLawyers.com

Re: their doctor not mine has decleared me MMI

At the very least you are entitled to 2/3 of the difference b/t what you could make and what they are going to pay you. That said, I am more curious as to what YOUR doctor thinks and want to make sure you keep on getting medical treatment if you need it.

If you don't have an attorney you need to secure one. In my opinion, failure to secure the right lawyer could be a six figure mistake. If you want a referral visit my website at www.findgreatlawyers.com. We help in every part of the state.

Michael Helfand

Attorney at Law

(312)

346-

5320.

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Answered on 8/26/08, 4:04 pm


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