Do I need a lawyer?
No one plans on being injured or losing a loved one. When such an unfortunate
event does happen it can place you in a very stressful and unfamiliar
position. On top of the physical pain and mental grief you may experience,
medical bills may start to mount and your income may be greatly affected.
Insurance claims adjusters may also start to call you wanting to take
a statement from you or to try and settle your case. Keep in mind the
adjusters are professionals who work for the insurance companies. As you
might imagine, their interests are rarely consistent with your best interests.
You should consult with an attorney before communicating with the insurance
carrier's claims adjuster.
In determining if you need a lawyer, you should consider the seriousness
and cause of the injury. To determine if you really need a lawyer, we
can discuss your specific claim. Each case should be evaluated individually.
If we feel you will not benefit by retaining a lawyer, we will tell you
and possibly give you guidance regarding your matter.
What documents should I bring with me when I meet with an attorney?
When meeting with any personal injury attorney, it is important to bring
as much information as possible to the meeting. Try to write down everything
that happened so as not to forget, and bring with you any documents that
might be relevant to your matter, such as accident reports, medical reports,
signed contracts, photographs, and any other written materials you might
have regarding the matter. If you are seeking compensation for personal
injury claims, this will allow your attorney to ascertain if your claim
will be successful. If you have not collected any documents at the time
of your first meeting, your lawyer should be able to get them at a later date.
What happens at my first meeting with the attorney?
You will tell the attorney everything that happened regarding your personal
injury claim and provide any documents you might have. At the end of the
discussion and meeting, the attorney should be able to let you know whether
you have a valid legal claim or not.
What types of outcomes can I expect if the attorney accepts my case and
it is filed in a court of law?
The case might settle or go to court for trial and verdict either by a
jury of your peers or a judge. This process can take months or years,
depending on your particular matter. If the case settles, then you will
not have to go to trial and will receive compensation for your personal
injury claim according to the terms of your settlement. If the case goes
to trial, you might win at trial or lose. The decision to go to trial
or to settle will be made together by you and your attorney.
How do my medical bills get paid for?
Using your health insurance, if available, is normally your best option.
If you do not have health insurance, there are still other available methods
to pay your medical bills. For example, if your injury involved a motor
vehicle accident, some policies contain provisions just for medical bills.
Also, in some cases, the medical provider will wait until your case is
settled before seeking any payment. There are still other possible options,
such as federal paid benefits as well as certain types of medical loans
which may be available to you. We can better discuss your options after
we know more about your case.
What is the Statute of Limitations for my case?
The Statute of Limitations is the period of time that you have to file
your claim, as dictated by the law. Each state's laws are different.
If you have questions regarding the statute as it applies to your case,
please contact our law firm.
What should I do if I am injured at work?
If you are injured in a work-related accident, you must notify your employer
as soon as possible and inform them of whether or not you need medical
attention. Depending on the circumstances, you may also have to notify the
Illinois industrial commission. A workers’ compensation attorney from our firm can review your
situation and help you file a claim in pursuit of compensation.
What happens if I do not seek medical attention?
Failure to see a doctor soon after being injured at work can result in
a denial of your workers’ compensation claim. Similarly, you can
lose your benefits if you do not adhere to your authorized treating physician’s
recommended treatment or rehabilitation program. You must cooperate with
your employer during its investigation into your accident at all times.
What if I am at fault for my injury?
Even if your injury was your fault, you may still be entitled to receive
workers’ compensation benefits. Benefits are not payable, however,
if your injury occurred while you were engaging in willful misconduct
or while under the influence of alcohol or drugs.
Can I sue anyone other than my employer for my injuries?
If your injury was the result of a third-party’s careless actions
other than a fellow employee of your company, you may be able to file
a lawsuit against that party. This is known as a third party lawsuit.
What is no-fault workers compensation?
The state of Illinois offers workers’ compensation benefits to employees
who become ill or injured throughout the scope of their occupation. As
such, these benefits are granted in exchange for an employee’s agreement
to refrain from pursuing legal action against their employer, unless their
injuries were the result of their employer’s intentional act.
What can I do if my employer denies my workers compensation claim?
If your workers compensation claim is denied under your employer’s
workers’ compensation insurance, you may still be able to file a
claim with the Illinois Workers’ Compensation Commission. Claims
must be submitted within three years of being injured or discovering your illness.
Can I receive both Social Security Disability and workers’ compensation
at the same time?
Are there multiple definitions of designating a person as being “disabled?”
Yes, and that is precisely why it is possible for a person to receive both
Social Security Disability and workers compensation. Interestingly enough,
you can be deemed disabled under one program and not disabled under the
other. Insurance companies have their own ways of defining disability.
A skilled Chigago workers' compensation attorney from our firm can
help you understand the differences and file the appropriate claims to
maximize your chances of securing the benefits you deserve.