Q. How much time do I have to make an injury claim?
A. It depends. The law is very
complicated. If you are injured at work, you have a very short period of
time to tell your employer that you have sustained a work injury. If
you have been injured in an automobile accident, your claim has to be
filed within the time period required by law. Otherwise, your claim is
barred by law and you will not be able to recover for your medical
expenses or your bodily injuries.
An injured person should consult with an experienced attorney immediately after an injury.
Q: The insurance company or my doctor told
me my medical condition is caused by arthritis or is a pre-existing
condition and not covered by Workers' Compensation insurance or covered
by automobile insurance. Is this true?
A: No. Under Illinois Law, an injury or medical
condition is work related or is compensable if the arthritis or
pre-existing condition is aggravated by, for example:
a) a work injury;
b) work activities;
c) an automobile accident or other injury.
Q: I was injured in an automobile accident.
Should I tell my doctor and hospital to send my medical bills to the
insurance company of the driver at fault?
A: No. The insurance company of the driver at
fault has no legal obligation to pay your medical bills until the case
is settled. This could take many, many months, if not years. It is
absolutely in your best interest to submit your medical bills to your
health insurance, medicaid or medicare for payment. This simple solution
increases the value of your settlement with the insurance company of
the driver at fault and ensures that your medical bills will be paid in a
Q: I was injured at work. The insurance
company has paid all of my medical bills and has paid me my time off
work. Am I entitled to a settlement for my injury?
A: Yes. The settlement of a workers' compensation
claim or an automobile accident claim is complicated. In a work injury
claim the settlement is based upon a complicated formula which takes
into consideration your average weekly wage and the nature and extent of
your injuries. The insurance company will not reveal the correct method
of calculation of your settlement. Rather, the insurance company will
offer you the least amount of money that the claims adjuster thinks that
you will accept.
Q: I have an injury claim. Do I need an attorney?
A: Yes. The law is very complicated. The claims
adjuster for the insurance company works for the insurance company and
does not represent your best interests. The claims adjuster has no legal
obligation to give you a fair settlement.
Q. Can I be fired for sustaining an injury at work?
A. Under the law, it is unlawful for an employer to
discriminate or terminate an employee for the exercise of workers'
compensation benefits. It is also unlawful for an employer to refuse to
rehire or recall an injured employee back to work who has been injured