Legal Question in Workers Comp in Illinois

Re: Is it too late to file a claim after having the surgory?

Dear Sirs:

We would recommend filing a workmen's compensation case. If you are demoted or fired, there are remedies that you can pursue as well.

Please call right away at (312) 977--9900 to discuss.

Many thanks.

John C. Wunsch

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

[email protected]

10.10.06

Re: Is it too late to file a claim after having the surgory?

It sounds as if your employer may be trying to deny you your rights under the Illinois Workers Compensation Act. Please call my office if you would like to discuss this further.

312--357--1431

Re: Is it too late to file a claim after having the surgory?

When you file a workers compensation you are what is known as a protected class. They cannot fire you for having filed a WC claim. However, there are employers who fail to follow the law and do things that is being done to you.

You have still time to file a WC claim--However, due to circumstances surrounding your case, I strongly advise you to get the help of a lawyer. The employer and the insurance company are not your friends and in this battle you would do well to have someone on your side who knows the law and acts with your best interest in mind.

I hope this helps,

Taradji Law Offices

Re: Is it too late to file a claim after having the surgory?

It's not too late if your doctor will state that your injury was caused or aggravated by your job duties. You can call me to discuss it, or visit my website at attorneyzim.com.

Re: Is it too late to file a claim after having the surgory?

Q. Is it too late to file a claim after having the surgery?

A. No, it is not too late to file a claim.

Worker's Compensation is a simple plan that is complicated in application - The basic tenet is: If an employee is injured (or sustained an "occupational disease") while performing his job, the worker is entitled to certain protections and benefits. (Each of those words is the subject of litigation.)

As relates to your specific situation: Carpel tunnel is often an injury related to work and therefore is potentially a compensable injury.

For carpal tunnel to be "occupational" (and thus work-related) the worker generally needs to have a job that requires repetitive movement, such as factory work, typists, machinists, etc.

You were diagnosed in March 2006 - at the time of the diagnosis, I am sure that the doctor would have made some comment or finding of the cause of the condition. You need those medical records. If your doctor found the condition to be "work-related", you have met the first foundation requirement for your claim.

The next issue becomes, whether your work or employer was aware of the "disease" or "injury". Did you report the problem?

You said that you "did not �claim� it as a workman's comp."

I need some clarification of what that means because later you state in your question your �employer implied that you may not have a job to return to" - So I am not completely clear on the issue of your employer�s notice.

Since you had the surgery, I am assuming that some insurance plan or program paid for the surgery.

If so, I am concerned that the condition was reported to your health insurance company as NOT work related. Health insurance generally will not pay for work-related conditions and carpal tunnel is a red flag for most health insurance providers to investigate the claim.

The final issue becomes the fact that you missed time from work.

If you have a work-related injury and your doctor takes you off-work (or places certain restrictions upon you which your employer cannot accommodate) the employer must pay you while you are off work (66% of your average weekly wage).

The employer or insurance company must continue to pay you until you are returned to work without restrictions or are otherwise accommodated.

The employer may only fire you if it is not in retaliation for filing the claim and would have to provide a neutral basis for their decision.

If they fire you in retaliation, you are entitled to file suit before a jury and seek punitive damages. Those punitive damages are usually very high and are on top of the "actual" damages and attorneys fees.

For any more complete answer, you would need to make an appointment with an attorney. Most attorneys who specialize in worker�s compensation will be able to provide you with assistance and do not charge for an initial consultation.

Good Luck,

Matt Belcher