Legal Question in Workers Comp in Illinois

Vocational Retraining

I was injured in September, 2003. I have been receiving my TTD regularly. I had meniscus surgery in November. I now need a total knee replacement. WC sent me to their doctor and he totally agreed with mine, said this was extremely serious and my next surgery was a knee replacement. But, they would like to delay it a year until I am 50. The WC claims rep wanted to meet me in person last week. I met her and she said they cannot pay me benefits while I wait. But they can send me to Voc. Rehab. as both doctors said I could not return to my job as a journeyman carpenter. Should I go ahead and do the knee replacement now or do I do the voc rehab first? I was making 880 a week as a carpenter, I don't know what they can retrain me as that will pay anywhere near that. I went through 4 years of schooling to be a journeyman carpenter. WC carrier wanted to know if I could go into any other trade in construction. My union bylaws prohibit me from going into any other construction trade or I forfeit all my benefits. The doctors have said that it is up to me, how long I can stand the pain. I am on pain meds,in a brace, use a crutch as needed and my husband drives me wherever I need to go. I cannot and will not drive while on narcotic pain meds.


Asked on 6/14/04, 9:06 am

4 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Vocational Retraining

You MUST consult a WC attorney at once. There are a lot of variables in what you have described that a standard reply is not productive to your case. Keep in mind that the primary goal of the insurance company is not your well-being, rather it is their bottom line and they will do their best to short change you at every turn. A WC attorney will take 20% (maximum allowed by law) from any recovery he or she arranges for you. It also gives you the reassurance that you have at least one ally who knows the law in the process.

Please, contact a WC attorney, at once.

Nima Taradji

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Answered on 6/14/04, 9:13 am
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Vocational Retraining

I would encourage you to contact an attorney so that all of the important information can be assessed, and to insure that your rights under the Illinois WOrkers Compensation Act are protected. Please feel free to contact me directly at 312-357-1431.

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Answered on 6/14/04, 10:28 am
Spencer Farris The S.E. Farris Law Firm

Re: Vocational Retraining

Good grief! The short answer is that, if you need surgery, you should have it! There is no justification for letting you suffer while they delay. If the doctors are holding you off work pending surgery, you should be entitled to workers' compensation payments while you wait, or light duty work in the interim.

Unfortunately, you will probably need an attorney to get what you deserve.

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Answered on 6/14/04, 11:36 am
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Vocational Retraining

You present a very difficult situation that is intertwined between Work Comp laws and Union Agreements. You should have an attorney handle this situation for you. I would be happy to discuss your case with you. Please feel free to call me at 1-877-266-7563.

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Answered on 6/21/04, 12:45 pm


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