Legal Question in Workers Comp in Illinois
Injured rotator cuff
I was injured at work,supervisor,notified,went to dr,told him about injury at work,he didnt write it down that i told him,but did refer me to a orthapedic dr my workers comp claim was denied,now i obtained a attorney,attorney says we dont have much of a chance collecting,although orthapedic dr did find a torn tendon and has done surgery,att says ,that because dr i first went to didnt write it in report that we probably wont get comp,just may get my ins to pay for bills,i have about went bankrupt keeping going,this has me lost on what to do,my WC hearing i getting close,sept 3rd.thanks for any help
lost and depressed
robert
2 Answers from Attorneys
Re: Injured rotator cuff
In general, you are entitled to workers compensation benefits if you were injured at work. It seems as if there may be other factors involved in your case. Your attorney should be able to explain this, or you may wish to contact another attorney.
Re: Injured rotator cuff
The law says the BURDEN OF PROOF is on YOU to prove ALL the elements of your case. It somewhat odd that BOTH you supervisor AND your doctor have made no record of your injury. It is possible that you may simply do not have enough competent proof to win your case. However, before you do more you should present all your evidence to another attorney for a second opinion.
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