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How to prove a repetitive trauma case?

7066931124 — Mon, 07 Nov 2022 09:58:40 GMT

The Illinois Workers Compensation Act permits a recovery for all work traumas, including those which occur gradually and over time. The injured worker or the best repetitive trauma lawyers may file a repetitive trauma claim for cumulative trauma disorders in Illinois.

Under the Illinois Workers Compensation statute , if you are diagnosed with a repetitive trauma injury which occurred gradually over time in the course of your employment, you or your Illinois workers compensation lawyer should follow the following process to develop the medical and job activity evidence in your particular case:

1. Obtain a medical report or letter from a doctor with a specific diagnosis of your medical condition.

2. Determine if the diagnosed medical condition is associated with common medical conditions of repetitive trauma injuries. Common diagnosed medical conditions caused by repetitive trauma are carpal tunnel syndrome, epicondylitis, ulnar neuropathy, cubital tunnel syndrome, rotator cuff injuries, bicep tendon injuries, tendon injuries, entrapment syndromes, and many others.

3. Prepare an accurate and detailed job description illustrating the work activity performed over the period of your employment. If the employer has a job description, you should determine whether the description is detailed and accurate. An outline of your work history and the jobs you have performed must be included. Get a co-worker who can testify your description is accurate.

4. Determine and specify in your job description whether the job activity performed contains risk factors of sufficient degree and duration to cause or aggravate the condition.

5. Highlight the risk factors in your job description. The risk factors include repetitive work activity, awkward joint posture, repetitive motion, forceful grip, forceful pinch, direct pressures, excessive vibration, repetitive flexion and extension, heavy weight and others.

6. Exclude non occupational causes of cumulative trauma such as thyroid disease, acute wrist fractions, rheumatoid arthritis or ask the doctor if you work activity aggravated your condition.

7. Present the job descriptions detailing your work activity and risk factors to you doctor and ask him for a causation opinion.   This can be by an entry to your medical records or a causation statement in a letter.

The key to proving a repetitive trauma case is an accurate and detailed job description with a causation opinion from you doctor that establishes the work activity is of sufficient degree and duration to contribute to cause the condition.   Note that the causation analysis in repetitive trauma only requires the work activity be a contributing cause. It is not necessary to prove the work was the sole cause, the proximate cause, the primary cause, or a major cause — it is sufficient if the work activity is a factor in contributing to the condition.

If you have any questions on the procedure to prove an Illinois Workers Compensation claim for repetitive trauma , contact experienced workers compensation repetitive trauma lawyers.   Ron D. Coffel is among the best repetitive trauma lawyers in Illinois and has had successful recovery for thousands of injured workers with cumulative traumas.

What to do if you are injured in a car wreck?

7066931124 — Mon, 07 Nov 2022 09:28:30 GMT

Ron D. Coffel is a peer reviewed leading Illinois personal injury lawyer for nearly 35 years of practice in personal injury. Ron D. Coffel has been a recipient of the Leading Personal Injury award nominated by other lawyers every year since 2016. Ron D. Coffel is among the top 5 percent of best Illinois personal injury lawyers recognized in the statewide survey. For nearly 35 years of practice, he has been helping personal injury victims injured in car wrecks.

What you should do if you are injured in a car wreck?
1. Call 911 for emergency assistance.
2. Talk to the police officer at the scene and provide him with your identification and description of the accident. Insist that he write the adverse driver a traffic citation for violating the traffic laws.
3. Photograph the scene. Include the vehicles (damage and locations), roadway signs, and roadway markings.
4. Write down the name, address of any witnesses. If you are unable to because of your injuries, get help from a friend, investigator or attorney.
5. Request a copy of documents including police report, and emergency first responder reports.
6. Seek medical treatment without delay, and establish a treatment chain consisting of regular, ongoing, and continuous treatment.
7. Contact your insurance agent or company and obtain a copy of your insurance policy and declarations page which contains your coverages and limits.
8. Don’t give a telephone or sworn statement to the adverse driver’s insurance company without first consulting an experienced Illinois personal injury lawyer.
9. Know your rights as an injury victim.

How Do I File an Illinois Workers Compensation Claim?

7066931124 — Sat, 05 Nov 2022 12:11:31 GMT

Illinois Workers Compensation Claim

An Illinois Workers Compensation claim is started by the injured worker or his or her lawyer formally filing an application for adjustment of claim with the Illinois Workers Compensation Commission pursuant to the Illinois Workers Compensation Act.

Before filing an Illinois Workers Compensation claim , the injured workers or their workers compensation lawyers must first determine whether the Illinois Workers Compensation Statute governs the injury. This includes an analysis of whether the Illinois Act is the proper jurisdiction, whether the benefits are covered by the Illinois workers compensation system, whether some other federal law or act governs the injury of the type of worker, and whether the nature of the injury is covered by the Illinois Workers Compensation Act. Federal Workers Acts govern some federal workers. Some classifications of injured workers, such as seamen, dock workers, railroad workers and federal workers are not governed by the state of Illinois Workers Compensation Act.

Jurisdiction under the Illinois Workers Compensation Act is found generally in these injuries: 1. The injured workers contract was formed in the state of Illinois; 2. The work accident occurred in the state of Illinois; or, 3. The employer is principally located in the state of Illinois.

The types of benefits covered by the Illinois Workers Compensation Act, which can be collected by the injured workers or his workers compensation attorneys include: 1. Medical benefits for reasonable and necessary medical care; 2. TTD - temporary total disability; 3. TPD- temporary partial disability; 4. PPD - permanent partial disability; 5. PTD - permanent total disability; 6. Death benefits including funeral expenses; 7. Wage differential or diminished wage earner benefits; 8. Statutory loss benefits; and 9. Vocational rehabilitation or maintenance benefits.

The Illinois Workers Compensation Act is a state based system that applies to injured workers in Illinois claims. Jurisdiction of the Illinois Workers Compensation Statute reaches to out of state work injuries if the contract for hire was made in Illinois. Certain Illinois workers claims may be governed by other statutes. You should consult an experienced Illinois Workers Compensation law firm if you have questions about which statutes apply to the work injuries. If more than one statute governs, then an experienced Illinois Workers Compensation Attorney can advise you under which statute provides you the best remedy or damages for your injury.

Some work injuries may be governed by the federal workers compensation statutes.
FELA - Federal Employees Liability Act governs injuries on railroads by railroad workers who can sue their employer for negligence.
FECA - Federal Employees Compensation Act governs work injuries of a wide range of federal employees.
JONES ACT - the Jones Act governs injuries by seamen in navigation of ships and vessels in the ocean, rivers, and waterways.
LONGSHORE AND HARBOR ACT - governs work injuries of dock workers and port employees who are not seamen.

Each of these systems have their own workers compensation claim filing requirements and statutes of limitations.

If an injured worker determines that the state of Illinois Workers Compensation Act governs the work injury, then under Illinois Workers Compensation laws, the workers compensation claim is initiated by formally filing an application for adjustment of claim. This form can be downloaded from the Illinois Workers Compensation website.

The steps to follow in filing an Application for Adjustment of claim under the Illinois Workers Compensation statute are published on the Commission website, as follows:
1.   Complete the application for adjustment of claim form.
2. Answer all questions on the application for adjustment form. Include description of accident, body part injured, and nature of the injury.
3. Complete the proof of Service section on the back of the form, including the employer’s name and address. Sign and notarize your signature.
4. Mail or deliver a copy to your employer.
5. Send or deliver 3 copies of the completed and signed application to the Illinois Workers Compensation Commission .
6.   Keep a copy for your records.

The Illinois Workers Compensation Act , contains an Illinois workers compensation fraud statute which makes it unlawful file a false or fraudulent workers compensation. The Commission fraud unit is in charge of fraudulent claims.

If you have any questions about how to file a workers compensation claim in Illinois , contact an experienced Illinois Workers Compensation attorney.   Ron D. Coffel is an Illinois Workers Compensation attorney with nearly 35 years of experience handling Illinois work injury cases.

Common Occupational Diseases

7066931124 — Sat, 05 Nov 2022 11:01:32 GMT

Common Occupational Diseases

For a disease to be recognized as an occupational disease under the Illinois Occupational Disease Act , the connection of the disease to the workplace is proved by establishing a link between the exposure to the alleged disease causing substance and the work activities of the contracted worker. The best Illinois workers compensation and occupational disease lawyers will know that there is a higher incidence or frequency of disease contraction and disorders in certain occupations. The disease or illness, in higher incident type employments are considered “germane” to certain types of workers in this occupations.

What follows is a list of some occupational diseases;

Coal workers pneumoconiosis . This obstructive lung disease is coming among underground coal miners who are exposed to dusty conditions in the coal mines.

Meat cutters tendon disorders . These are common upon meat cutters who must us various joint postures in cutting meat.

Electricians tendon disorders, nerve entrapments, trigger fingers, joint dysfunction, and asbestos exposures.

Pipe fitters and industrial plumbers, tendon disorders, asbestos exposures, and chemical exposures to compounds and glue substances.

Firefighters, EMT, and first responders : post traumatic stress disorders, infectious disease exposures from emergency treatment.

Hearing loss and tinnitus is common among factory workers and among workers who are exposed at work to loud noise of sufficient level and duration.

In 2010, a new rare disease of bronchialitis obliterates (cement lung) was recognized as an occupation disease among workers who inhaled fumes of popcorn butter flavoring.

Asbestos exposure is a known cause of lung diseases.

Chemical exposures are a known cause of asthma and lung diseases and skin diseases such as dermatitis.

Cancer and other lung diseases are common in workers exposed to asbestos.

There is no specific limitation on what diagnosed disease constitutes an occupational disease under Illinois law.

If you have contracted a disease and suspect it may have been caused by exposures at work, then follow the steps in our section “What to do if you contract an occupational disease.”

Ron D Coffel is a peer reviewed workers compensation lawyer that has been awarded the distinction of leading lawyer that regularly handles Illinois workers compensation and occupational disease claims in Illinois.

How long does an Employee have to file a Workers Compensation claim in Illinois?

7066931124 — Sat, 05 Nov 2022 10:51:09 GMT

Filing Workers Compensation Claim Illinois

Filing Workers Compensation claims pursuant to the Illinois Workers Compensation Act must meet the deadline of the statute of limitations. The Illinois statute of limitations in workers compensation claims begins to run from the date of the injury or the date of diagnosis of the condition. The Illinois Workers Compensation statute sets the maximum amount of time an injured worker has to file a workers compensation claim in Illinois as three (3) years from the date of injury, or two (2) years from the last date of payment of compensation (TTD benefits or medical bill payment). Special deadlines are established for certain types of conditions. Asbestos exposure is 25 years from last exposure. Pneumoconiosis is 5 years from last exposure or 5 years from last date of payment of compensation. Radiation exposure is 25 years from date of last exposure. Occupational disease is 3 years from date of disablement, or within 2 years of the last date of payment of compensation.

In addition to the statute of limitations, Illinois workers compensation laws require notice by the employee to the employer within 45 days of the accidental injury.   When filing a claim under Illinois workers compensation statute, the employee should document the name of the person the injury was reported to — it must be the employer or an agent of the employer such as a supervisor or human resource manager. Notice may be orally or in writing. A written notice is preferred. Always retain a copy of your notice or accident report when filing an Illinois workers compensation claim.

Under Illinois workers compensation laws special circumstances and exceptions have been recognized to the statute of limitations.

If you intend to file for benefits in a workers compensation claim in Illinois, you must formally file the claim with the Workers Compensation Commission before the expiration of the statute of limitations. Failure to file the claim in Illinois will preclude you from recovery of workers compensation benefits even if you have a perfectly valid injury at work and claim.

Be aware that the insurance company voluntary payment of benefits, including TTD and medical, is required by the Illinois Workers Compensation Act. Payment of these benefits pursuant to a claim opened by the workers insurance company does not file the claim with the Illinois Workers Compensation Commission within the statute of limitations period. Even if the insurance company voluntarily accepts your workers compensation claim under Illinois law and pays benefits, you still must file your claim pursuant to the statute of limitations period. Failure to formally file the workers compensation application for adjustment of claim before the statute of limitations period expires, will result in you being unable to recover for your injuries, even if you have received benefit and medical bill payments from the insurance company under Illinois workers compensation laws.

Under the new Illinois Workers Compensation Act , injured workers must file the workers compensation claim before any settlement agreement can be entered.   At some point you must formally file the workers compensation claim and definitely before the statute of limitations period expires.

Know your statute of limitations!   Timely filing a workers compensation claim in Illinois pursuant to the Illinois Compensation Act and Illinois Occupational Disease Act is critical to your claim.

Special circumstances exist in some cases where the statute of limitations might be extended. These are in cases of estoppel. Also for some injuries under repetitive trauma and dates of disablement, the statutes of limitations may begin to run at different dates because there is not a specific time and date of injury.

If you are facing a statute of limitations, it is best to file your Illinois workers compensation claim with the Illinois Workers Compensation Commission.   If you have questions about special circumstances, contact Ron D. Coffel for a free case evaluation to determine if you still have a viable claim.

What are some common occupational illnesses or injuries?

7066931124 — Fri, 04 Nov 2022 10:10:45 GMT

Common Occupational Illnesses or Injuries

An occupational disease under the Illinois Occupational Disease Act requires documentation to prove the elements of the disease claim. An occupational disease is any health condition or disorder which arises out of exposures in the workplace. What should you do if you plan on pursuing an occupational disease claim under the Illinois Occupational Disease statute ?

1.   Notify your employer; include in the notice the date, time, and place of illness, the duration of your exposure, and identify the disease causing substance.   A notice form may be available on the Illinois Workers Compensation Commission’s website.

2. Obtain your employer’s occupational injury or illness insurance company information including the name of the company, address, and phone numbers. Provide a copy of the notice to the insurance company of your employer.

3. Prepare a list, in chronological order by date, of your medical providers including all doctors, hospitals, clinics, and other health care providers that provided treatment to you for the condition.

4.   Request and Obtain a copy of your medical records from each provider listed in 3, above.

5.   Document the disease causing substance (chemical, product, or substance).   If the substance is a chemical, obtain a copy of the label and photograph any warnings of hazards on the product label. If there is a container, can or box, obtain a photograph of the product label that identifies the manufacturer and any warnings of hazards. If it’s a hearing loss claim, request noise readings from the employer and OSHA. If it’s coal dust, obtain your job classification history to show you worked in dusty areas of the mine. Properly identifying the substance is very important. Some substances are many compounds and may contain multiple disease causing substances.

6. Document the Known Hazards of the Disease causing substance or product from the identification in 5, above. A Material Data Service Sheet MSDS may be available on line. A MSDS sheet is a technical document that lists the hazardous ingredients of a product, it’s composition, and effects on human health.

7. Document the Known Composition from consulting the website of the manufacturer of the product. Print any published information from the manufacturer’s website that identifies the exposure substances.

8.   Duration of Exposure: obtain your work record including any job classification history that proves the dates or periods of time you were exposed to the substance in the workplace. Obtain witnesses such as co-workers who can testify you were exposed to the substance in the workplace.

NOTE: Accurate identification of the disease causing substance, and the duration of exposure to that substance are important to prove medical causation.

9. Obtain a causation statement from a medical expert familiar with the disease and who will testify on causation and do the following:   1. Provide all past medical records to the medical expert; 2. Provide the accurate identification of the alleged disease causing substance or product to the medical expert; 3. Provide the duration of exposure period including any employment records or job classification histories to the medical expert; 4 obtain a medical opinion from the expert that states in their opinion, if you were exposed to the disease causing substance in the workplace, over the period of dates or the duration of your exposure, this “could” or “might” Vance caused or contributed to cause or aggravated the diagnosed disease medical opinion. If you do not have a medical expert, consult with an attorney. If you are treating with a doctor that specializes in treatment for a particular disease, they may serve as an opinion expert.

10. Formally file your claim before the statute of limitations period expires with the Illinois Workers Compensation Commission .

Ron D. Coffel has represented workers with occupational disease claims for nearly 35 years. He is among the highest rated and leading Illinois occupational disease lawyers .

Independent Medical Exams

7066931124 — Thu, 03 Nov 2022 07:57:12 GMT

The Illinois Workers Compensation Act gives your employer the right to request an independent medical examination under Section 12 of the Illinois Workers compensation Statute entitled “ Independent Medical Examinations .” The Illinois Workers Compensation Independent Medical Examination is a procedure that allows an employer to clarify or question your doctor’s treatment, diagnosis. or may be used for other issues. The Illinois Independent Medical examination in a workers compensation claim is initiated when the insurance company sends you a letter with a request that you attend an exam at the insurance company doctor’s office on a date, time and place. These requests are likely to follow some question posed by the workers compensation adjuster or attorney about your treatment or disability. Section 12 of the Illinois Workers Compensation Act specifically allows the insurance company to have you examined by the company doctor. A scheduled independent medical examination event can be a sign or symbol that you may be entering into a dispute phase in your workers compensation insurance claim . These exams are requested for a number of reasons including, but not limited to, questions about whether your doctor’s treatment plan is correct, whether the interpretation of radiographic films are correct, or whether the treatment recommended is reasonable and necessary. If you are representing yourself and you think you are in control of your car, the Illinois section 12 independent medical examination is the way for the insurance company to take the steering wheel over. The examinations are more often than not a sign or symbol that you may be entering a dispute phase in your medical treatment. Your right to receive treatment by a doctor of your choice under Section 8A of the statute is now being questioned. A dispute regarding your case may follow the exam.

Because the right to Independent Medical Examinations in Illinois Workers Compensation are codified by statute, there are not many defenses or reasons you can refuse to attend the examination, when requested by the insurance company. Section 12 of the Workers Compensation Act in Illinois , requires the insurance company to advance (before the exam) mileage and travel expenses. If the letter does not contain a check for exam expenses you may refuse to attend the examination. The two most common objections to a request for an independent medical examination under Illinois Workers Compensation laws , are abuse and inconvenience. Most of the time, but not always, the Illinois workers compensation adjusters choose company doctors that are out of state and involve significant travel. The statute requires that the exam be convenient to the injured worker. The second objection is the exam is an abuse of section 12. An abuse occurs under section 12 if the workers compensation adjuster schedules multiple exams when there has not been interim medical developments with treatment. A proper motion or objection. to the Illinois workers compensation independent medical examination must be filed and a hearing on the objection must be heard by an arbitrator.

What can you expect from the Illinois independent medical examination under Section 12 of the Illinois Workers Compensation statute? You must first recognize that so called workers compensation independent company doctor may not be independent. The workers compensation company doctor is not your treating doctor. He is not hired to render treatment. He is hired to conduct an examination and write a report to an insurance company. The independent medical examination report will be offered into evidence in a hearing on your case. The company doctor has already received your medical records and a letter from the insurance company or it’s lawyer with a list of medical-legal questions to answer. The company doctor is considered an agent or employee of the insurance company —- a doctor who has been hired under section 12 of the Illinois Workers Compensation Act to review your medical records, interpret your diagnostic medical evidence including radiographic films such as x-rays and MRI’s., and answer the specific questions posed by the adjuster or defense lawyer.

What is the company doctor in the section 12 examination of the Workers Compensation Act looking for during the Illinois independent medical examination? What follows is a partial list of possible inquiry by the company doctor:

Inconsistencies in your medical history — your medical history is what your treating doctors, hospital staff, nurses, physical therapists or other doctors have recorded in your medical records about your injury and accident.

Gaps in medical treatment — whether your treatment is not regular and continuous or whether the symptoms resolved. Regular and ongoing treatment is often referred to as a chain.

Inconsistent descriptions or statements you made to the treating doctor about your symptoms from the injury.

Prior injuries or treatment in the past to the body parts you injured. If you signed medical authorizations, the insurance company may have requested your medical records including your complete chart of past treatment records to investigate your past medical history.

In multiple body part injuries, delay in the onset of symptoms recorded by your doctor in the records. The problem is that many doctors only treat one body part but not others. It is important to always insist that your neck doctor document symptoms of your knee.

The mechanism of injury — whether the history of your accident in how it happened could have caused the condition you were diagnosed with by the treating doctor.

Inconsistencies in the level of your complaints of pain and whether they are out of proportion to the nature and extent of your injury.

Other questions requested by the workers compensation insurance adjuster or it’s attorney. This is not an exhaustive list.

What can you expect at the Section 12 Illinois Workers Compensation Independent Medical Examination ?   After you arrive at the doctors office, you will be asked to fill out forms for the doctor. The form should be accurate and complete.   You should review your medical records before the examination. Then you will be taken to the examination room and asked questions by the doctor and his nurse about your injury. This is known as the history taking part of the examination. You will be asked personal questions about your age, address, occupation, past occupations, prior injuries and about the treatment you received for your work injury. Then you will be asked specific questions about the accident, where it happened, how it happened and what happened at the time of your work injury. You should give general statements. You should make sure your answers are consistent. You then will be asked about your injuries in the accident.   You should give detailed descriptions of your injuries and your symptoms. Then you will be asked about your disability and your function. You should give the company doctor detailed description on how the injury affects you every day life. After the history taking part of the independent medical examination is completed, the doctor will perform a physical examination.

The physical examination will be conducted by the company doctor of your injured body parts. The physical examination may include standard orthopedic evaluations such as touch your toes, measurements of motion and strength. The company doctor will record his observations of your actions and movements while performing these tests, and he will compile the results and his observations in a report and send the report to the insurance company. The insurance company will use this report as medical evidence in your case.

Is the company doctor hired by the insurance company to perform an independent medical examination under Illinois Workers Compensation laws an independent medical examiner?   Many times the insurance company hires the same out of state doctors over and over again to perform independent medical examinations in Illinois workers compensation claims. The best Illinois Workers Compensation lawyers know who these doctors are because they repeatedly write reports and testify. Leading Illinois workers compensation lawyers will track these doctors, through their reports and testimony in other workers compensation claims, and be able to effectively cross examine them on the nature of their IME exam practice, and the number and frequency of the referrals the company doctor receives from the insurance company in Illinois Workers Compebsatokn claims. More often than not, many IME doctors are retired from practice and devote 100 percent of their time to writing reports at the request of insurance companies. The payment some of these doctors receive is out of proportion to the amount of time spent examining the injured worker and writing a few page report. Thousands of dollars for 10 minutes of examination is not unusual compensation paid to some IME doctors. Many of the company doctors performing workers compensation independent medical examinations in Illinois claims are not licensed to practice in Illinois and have never held an Illinois license to practice or had staff privileges at any hospital in the state of Illinois. The company hired independent medical examination doctor may seem brisk, uncaring, businesslike, unsympathetic and impersonal. That’s because the doctor may be on a mission for the insurance company.   The doctor has already received your medical records with a list of questions to answer in his report. The company doctor may not tell you his opinions or offer you any encouragement and may even mislead you about his role in your case. You should never submit to any treatment by a company doctor. You should never allow him to send you for diagnostic tests. He is not your doctor. The company doctor may even try to convince you that your injuries are not serious and the symptoms will resolve over time — nothing to worry about. This may be to discourage you from seeking medically necessary treatment from your treating doctor. Don’t be discouraged by the abruptness or attitude of the company doctor. Don’t be discouraged or influenced by his medical opinions or what he says to you about your medical condition or examination findings If the examination caused you to experience pain, insist that he stop.   If he persists then you should terminate the exam and leave.   If he exhibits an attitude and shouts or is rude or abrasive to you, leave his office. Most IME doctors are reasonable and professional. You should record the amount of time he spends conducting the physical examination and write down the questions he asks you. Also be sure to make a note of what tests he performs in the examination.   This information will serve as a basis for a fact check later when his report is produced.

If you have further questions, you should consult with highly experienced Illinois Workers Compensation lawyers — workers compensation attorneys in Illinois who regularly practice in Illinois Workers Compensation claims,   The best Illinois Workers Compensation attorneys will know who these doctors are and may have taken their depositions in other cases and be familiar with their IME practices and medical opinions. Ron D. Coffel has successfully handled thousands of Illinois workers compensation claims for nearly 35 years and has never represented an insurance company.

Statute of Limitations

Wed, 02 Nov 2022 08:07:13 GMT

What is a statute of limitations?

In short, a statute of limitations is a law which establishes a maximum amount of time by which parties to a legal controversy have to formally start the legal proceeding by filing the legal papers with the Court. Statutes of limitations exist in both civil and criminal cases. Statutes of limitations time periods vary depending on the nature of the legal action. Every state sets its own statute of limitations period by statute. For workers compensation claims, filed under the Illinois Workers Compensation statute, the general rule is that any claim must be filed within the maximum time limit of three (3) years from the date of injury, or within (2) years of the last date of payment of compensation, whichever is later. What this means is that if compensation benefits are paid after a period of one year, the statute of limitations in the Illinois Workers Compensation Act may be after three (3) years. Exceptions to the general statute of limitations exist where the limitation period may be extended beyond 3 years. Take for example, a rotator cuff workers compensation injury where the injured worker received payment of interim benefits after the 3 year limitation. Payment of TTD or a medical bill under the Workers Compensation Act Illinois, will extend the limitation period to two years from the date of payment of that compensation. Note that exceptions to the general statute of limitations under the Illinois Workers Compensation Act exist. Take for another example, rotator cuff settlement offers made to the employer after the 3 year period. A settlement offer made after the statute of limitations period expires, extends the statute of limitations period. Take as another example, lumbar and cervical spine fusion workers compensation payment of a medical bill or TTD benefits made after one year from the date of injury. Payment of a medical bill or TTD benefit, made after one year from the date of injury, will extend the statute of limitations beyond 3 years. If the workers compensation insurance carrier paid TTD or medical bills 5 years after the lumbar or cervical spine fusion injury, then the statute of limitations would be 7 years after the accident which is 2 years after the date of payment of compensation.

KNOW THE STATUTE OF LIMITATIONS! Failure to file your claim with the Illinois Workers Compensation Commission may preclude you from recovering for your work related injury even if you have a perfectly valid claim. Voluntary payment of benefits by the Illinois workers compensation insurance carrier may not extend the statute of limitations beyond three years.

The statute of limitations under the Illinois Workers Compensation Statute , provide different limitations periods for specific conditions. Asbestos exposure (25 years); Death (3 years of the date of death, or 2 years from last date of payment of compensation); radiation exposure (25 years from date of last exposure); pneumoconioses (5 years from date of last exposure or 5 years from date of last payment of compensation).

Special rules may apply to Illinois workers compensation settlements under the Workers Compensation Act. Under the Illinois Worjers Compensation Statute, the payment of certain types of benefits may continue after the settlement contract is entered. There are special rules that apply to ongoing payment of medical bills and TTD benefits after a settlement contract is entered. You may be entitled to receive additional treatment or payment of TTD and medical, hospital or surgical care.

KNOW THE DIFFERENCE BETWEEN OPENING A CLAIM WITH THE INSURANCE COMPANY VERSUS FILING A CLAIM THAT MEETS THE STATUTE OF LIMITATIONS! Most workers will receive voluntary payment of TTD and medical benefits from the employer's insurance company. The carrier opens a claim under the employers insurance policy. Voluntary payments under an insurance claim does not meet the filing deadline. Be aware that the insurance company does not file your claim with the Illinois Workers Compensation Commission . You must still formally file your claim with the Commission before the applicable statute of limitations period expires.

Failure to timely file your workers compensation claim pursuant to the Illinois Workers Compensation Act with the Illinois Workers Compensation Commission may result in you being unable to collect for your injuries even if you have a perfectly valid claim.

If you have any questions about the statute of limitations in your case, Ron D. Coffel has been handling workers compensation claims in southern and central Illinois for 34 years and offers a free case evaluation.

How long do I have to file my workers compensation claim?

7066931124 — Fri, 28 Oct 2022 11:33:38 GMT

Generally, the employee must file a workers compensation claim within 3 years after the injury, death or disablement, or within 2 years of the last payment of temporary total disability of a medical bill, whichever is later. In the event of minority, the statute does not start until the minor reaches the age of 18. A disability may toll the statute to extent it beyond these dates. The Illinois Administrative Code establishes different deadlines for some specific conditions. Asbestos exposure must be filed within 25 years of the last date of exposure. If the injury is fatal, the employee's representative must file within three years of the death, or within two years of the last date of payment of compensation.

How long am I entitled to payment of medical bills in my workers compensation claim?

7066931124 — Fri, 28 Oct 2022 11:32:09 GMT

The Workers Compensation Act requires the employer to pay for all medical care that is causally related to the injury that resulted in the claim, including:

Any care that is required to diagnose, relieve, or cure the effects of the injury;
Any first aid, and/or emergency treatment required as a result of the injury to the employee;
All medical, surgical, and hospital expenses that are incurred by the employee in the course of curing or relieving the employee of the effects of the injury;
Any treatment, instruction, or training required to rehabilitate the injured employee physically, mentally, or vocationally, including maintenance costs and incidental expenses.

How long does TTD - temporary total disability benefits last?

7066931124 — Fri, 28 Oct 2022 11:29:39 GMT

Temporary total disability is the period of time beginning with the injury and ending when the employee reaches maximum medical improvement (MMI). MMI occurs when the employee is as far recovered or restored to his or her previous condition as the injury will allow. You are entitled to payment of TTD for the duration of the temporary total disability.

What is TTD - temporary total disability?

7066931124 — Fri, 28 Oct 2022 11:28:48 GMT

After an employee is injured in an employment-related injury, the time where he or she is totally incapacitated and unable to return to work is the time during which he or she is temporarily totally disabled. This is considered the healing time of an injury. Weekly compensation benefits should be paid to the employee during the time that the incapacity lasts.

When does my TTD benefits start in a workers compensation claim?

7066931124 — Fri, 28 Oct 2022 11:27:55 GMT

Payments to the injured employee generally commence the day after the accident occurs. When the temporary total disability lasts for fewer than 14 days, there is a different procedure. In these cases, the payments begin on the fourth day after the accident. The employee does not receive payment for the first 3 days after the injury. The weekly compensation TTD payments are due from the start date (first or fourth day after the injury) and must continue until the period of temporary total disability ends, when the employee's condition stabilizes.

Why can my temporary total disability (TTD) get terminated?

7066931124 — Fri, 28 Oct 2022 11:26:21 GMT

Benefits for temporary total disability end when the temporary total disability ends. TTD ends when the claimant reaches maximum medical improvement. The duration of the disability in Illinois is a question of fact based upon medical evidence from your doctor or medical provider. Once an injured employee's medical condition stabilizes, he or she is no longer entitled to workers compensation. If the employee's physician releases him or her to return to work, that will support a finding that TTD benefits should be terminated. NOTE: Termination of TTD benefits does not affect the injured employee's right to seek compensation for permanent disability. A finding that the employee's condition has stabilized, may trigger eligibility for other benefits, including vocational rehabilitation. An employee may be entitled to additional TTD benefits after reaching MMI, if the medical condition requires additional treatment and the condition deteriorates.

Can my workers compensation TTD benefits be reduced by a child support order?

7066931124 — Fri, 28 Oct 2022 11:25:23 GMT

The Workers Compensation Act provides that any award made in contemplation of the Act for a work-related injury is not subject to liens, attachments, or garnishments. This section does not apply to child support. Child support can be garnished from payment under workers compensation. All income received from workers compensation can be considered for child support. This includes periodic payments and lump sum final settlements. Each are considered income and child support can be taken from them.

How long and I entitled to receive medical care in workers compensation?

7066931124 — Fri, 28 Oct 2022 11:24:24 GMT

An employer's liability for the costs of medical treatment continues for as long as the medical treatment is necessary to relieve the effects of the injury for the employee. There is no limitation as to the duration of medical, surgical, and hospital expenses incurred by the injured employee.

What medical treatment is covered by workers compensation?

7066931124 — Fri, 28 Oct 2022 11:23:11 GMT

For a medical expense to be paid for under the Workers Compensation Act, the treatment must be reasonable and necessary to cure or relieve the effects of the work related injury. The payment is limited to recovery or those medical expenses that are reasonable and causally related to the work injury. The award of medical expenses should only cover services that were necessary to diagnose, cure, or relieve the effects of the employee's injury. Reasonableness is defined as those services that are usual and customary for similar services in the community in which they were rendered. A causal connection is demonstrated when the employee shows that the original of the injury lies in some risk that is related to the employment. This includes, but is not limited, to the following categories of treatment: first aid, emergency services, medical services, hospital expenses, and physical, mental or vocational services.

What medical treatment expenses are not covered by workers compensation?

7066931124 — Fri, 28 Oct 2022 11:21:37 GMT

For a medical expense to be paid for under Workers Compensation, the treatment must be reasonable and necessary to cure or relieve the effects of the work related injury. The employee can recover expenses that are reasonable and causally related to the work accident. The following are situations where the employer has been found not to be responsible for medical treatment:

When the employee seeks treatment for a medical condition that is unrelated to the injury susatined at work; An employer is not responsible for treatment of an injured employee who receives an injury before or after the work related injury;
An employer is not responsible to pay for medical treatment for a condition when the condition is most likely to have resulted from an injury that was present prior to the work related injury.
An employer is not responsible for the costs of duplicative treatment.
An employer is not responsible for the costs of medical treatment if the treatment provides no further benefit to the employee
An employer is not responsible for the same treatment he or she has already received from a different doctor and the treatment was unsuccessful.
An employer is not responsible for subsequent treatment that one of his or her doctors has said would not be effective, and the treatment was not effective.
An employer is not responsible for treatment of more than two physicians of the employee's choice, unless the employee is referred from one of the two doctors to other doctors or specialists for related treatment.

Liability of the employer for medical treatment expenses is a question of fact based upon the medical evidence from your doctors. In some situations, a third doctor may be chosen by the employee. If the employee receives treatment from more doctors than permitted under the statute the employee will be responsible for payment of the medical care. In some situations, it is possible to submit unrelated medical treatment expenses of the employee to their group medical insurance provider.

What is the two doctor rule or limitation on workers compensation medical treatment?

7066931124 — Fri, 28 Oct 2022 11:17:42 GMT

The Workers Compensation Act permits an injured employee to seek treatment from up to two doctors of his or her own choosing, and have the expenses covered by workers compensation. If the employee is unsatisfied with the treatment he or she receives from the first doctor, he or she has the right under the Act to seek treatment from a second doctor. This is formally referred to the two-doctor rule. If the employee exceeds the two doctor limit, the employer is not liable for payment of the medical expenses. There are some exceptions to this limitation, for example, one of the two original chosen doctors refer the injured employee to other doctors or specialists. An employee does not exceed the two-physician rule so long as the next physician who provides services is within the "chain of referral" of the first of second doctor. The determination of whether the employee has received a valid treatment referral is a question of fact to be determined by the Commission. There are some exceptions to the two physician rule, where an employee may seek medical services at the expenses of the employer with a third doctor.

Why do I have to go to an independent medical examination in workers compensation?

7066931124 — Fri, 28 Oct 2022 11:15:43 GMT

Section 12 of the Workers Compensation Act provides that the employee entitled to receive disability payments shall be required, if requested by the employer, to submit him or herself, at the expense of the employer, for an examination by a duly qualified medical practitioner selected by the employer at a time and place reasonably convenient for the employee, either within or without the state of Illinois. The employer requesting the exam must deliver notice of the time and place of the examination to the employee and sufficient money to defray the necessary expense of travel to and from the place of the examination and the costs of meals necessary during the trip, and if the examination or travel to and from the place causes loss of working time, the employer shall reimburse lost wages.

When can I refuse to attend an independent medical examination IME requested by the employer in workers compensation?

7066931124 — Fri, 28 Oct 2022 11:14:41 GMT

When the employer has not advanced (before the exam) reasonable sufficient travel and meal expenses before the exam. When the examination right is being abused by the employer, such as when multiple requested IME examinations have been requested and there are no new medical developments by the treating doctor. Where the exam is out of state and not reasonable convenient for the injured employee to travel. Failure to attend a properly set IME examination may result in termination or suspension of benefits.

When am I entitled to receive the independent medical doctor's report?

7066931124 — Fri, 28 Oct 2022 11:14:00 GMT

The Illinois Workers Compensation Act provides that it is the duty of the examining physician making the examination as the request of the employer, to deliver to the employer or his representative, a statement in writing of the condition and the extent of the injury, as soon as practicable but not later than 48 hours before the time in which the case is set for hearing. If the IME physician refuses to furnish the report, then the doctor will not be permitted to testify at the hearing next following the examination. If you have not received the IME report, then consult an attorney to file a request for hearing.

What can I do if the insurance company delays or denies my medical care under workers compensation?

7066931124 — Fri, 28 Oct 2022 11:13:09 GMT

If your employer's insurance company delays or denies approval of medical care, then the statute permits you to file a petition and set it for a hearing on a regular docket schedule to force the approval of medical care. The statute also providers that any employer or its insurance company maybe subject to penalties for delayed payment, or frivolous proceedings. Section 19K allows the Commission to award penalties equal to 50% of the total amount of compensation due or payable when:

1. There has been an unreasonable or vexatious delay of payment;

2. The employer intentionally underpays an award;

3. Frivolous proceedings have been instituted by or on behalf of the employer that do not present a real controversy or are interposed for the purpose of delay; or

4. The employer fails to pay compensation of TTD under Section 8(b) fo the Act thus caused an unreasonable delay.

Make the most of the season by following these simple guidelines

websites@hibu.com (Hibu Websites) — Fri, 28 Oct 2022 10:45:36 GMT

The new season is a great reason to make and keep resolutions. Whether it’s eating right or cleaning out the garage, here are some tips for making and keeping resolutions.

Make a list

Lists are great ways to stay on track. Write down some big things you want to accomplish and some smaller things, too.

Check the list regularly

Don’t forget to check in and see how you’re doing. Just because you don’t achieve the big goals right away doesn’t mean you’re not making progress.

Reward yourself

When you succeed in achieving a goal, be it a big one or a small one, make sure to pat yourself on the back.

Think positively

Positive thinking is a major factor in success. So instead of mulling over things that didn’t go quite right, remind yourself of things that did.

Keep in touch with site visitors and boost loyalty

websites@hibu.com (Hibu Websites) — Fri, 28 Oct 2022 10:45:36 GMT

There are so many good reasons to communicate with site visitors. Tell them about sales and new products or update them with tips and information.

Here are some reasons to make blogging part of your regular routine.

Blogging is an easy way to engage with site visitors

Writing a blog post is easy once you get the hang of it. Posts don’t need to be long or complicated. Just write about what you know, and do your best to write well.

Show customers your personality

When you write a blog post, you can really let your personality shine through. This can be a great tool for showing your distinct personality.

Blogging is a terrific form of communication

Blogs are a great communication tool. They tend to be longer than social media posts, which gives you plenty of space for sharing insights, handy tips and more.

It’s a great way to support and boost SEO

Search engines like sites that regularly post fresh content, and a blog is a great way of doing this. With relevant metadata for every post so search engines can find your content.

Drive traffic to your site

Every time you add a new post, people who have subscribed to it will have a reason to come back to your site. If the post is a good read, they’ll share it with others, bringing even more traffic!

Blogging is free

Maintaining a blog on your site is absolutely free. You can hire bloggers if you like or assign regularly blogging tasks to everyone in your company.

A natural way to build your brand

A blog is a wonderful way to build your brand’s distinct voice. Write about issues that are related to your industry and your customers.

Tips for writing great posts that increase your site traffic

websites@hibu.com (Hibu Websites) — Fri, 28 Oct 2022 10:45:35 GMT

Write about something you know. If you don’t know much about a specific topic that will interest your readers, invite an expert to write about it.

Speak to your audience

You know your audience better than anyone else, so keep them in mind as you write your blog posts. Write about things they care about. If you have a company Facebook page, look here to find topics to write about

Take a few moments to plan your post

Once you have a great idea for a post, write the first draft. Some people like to start with the title and then work on the paragraphs. Other people like to start with subtitles and go from there. Choose the method that works for you.

Don’t forget to add images

Be sure to include a few high-quality images in your blog. Images break up the text and make it more readable. They can also convey emotions or ideas that are hard to put into words.

Edit carefully before posting

Once you’re happy with the text, put it aside for a day or two, and then re-read it. You’ll probably find a few things you want to add, and a couple more that you want to remove. Have a friend or colleague look it over to make sure there are no mistakes. When your post is error-free, set it up in your blog and publish.