Workers' Comp - Illinois

United Airlines and The PBGC

Dee33 — Thu, 12 Nov 2009 21:00:29 GMT

I was injured on the job at United airlines ,I recieved a social security disability,but Ual refused to put me on disabilityand I settled with workmans com and United let me retire from the company . My Pension then went to the PBGCand I would like to know if I am entiled to there disability?. I was injuried in1994 Ual settled with me just befor banckruptcy, they did pay me full benifits for 7 years. Can someone help me? I did read on there web site about disability and I called to see if I qualify they told me you are on social Security Disability why do you want the PBGC ... I dont undersatnd what SSI and The PPGC have in comon. Arent they two different things?

choosing a lawyer

oppss — Thu, 24 Sep 2009 22:26:51 GMT

I'm part of a union and I was injured at work and a co- worker was almost died for this accident. I am being rep. by a union lawyer, but I wanted to know if I can find my own lawyer. I don't think he has my best intrests in mind because the company told me that they will stop paying for the doctor I am seeing now (he's not under my union health care) and the union lawyer said he would check into it. They suggested I see the company's doctor and they would pay. This is outside of the required exam the company's doctor can legaly do.

does ADA come in to effect after injury?

rottenkid — Fri, 06 Feb 2009 00:43:26 GMT

Marc glad to see your back. I will try to make this short. I was injured in Feb 07, I had two operations and over 550 hours of physical therapy. My doctor along with a IME have both found me to be MMI as of Aug 08. Because of restrictions put on me by both doctors I was not allowed back to my job, nor did my work offer me another position. They did however hired an incompetent job recruiter. I have been working with him for seven weeks and I still don't have a resume let a lone a job. Because I have a disability now caused by work am I covered by the Americans with Disability Act? I have gone on a few interviews and once they ask about why I am leaving my job and find out it was because of an injury the mood changes. I feel like I am going to be looking for a long time and when I do find work it will be for quite a bit less. Sure the pay gets covered at 2/3 but the benefits don't. This doesn't seam right that I get hurt and my income goes down. My lawyer is acting like its no big deal and I am getting ready to dump him. What makes things worse is that I work for a large corrupt county that seams do what ever they want.

Back Surgery Settlement

Arnie22 — Thu, 27 Aug 2009 01:34:30 GMT

I got injured 2 years ago at work and hurt my back. When i initiately hired my attorney he threw high six figures to low seven figures at me. Now the injury i substained cause me to have a L4-S1 fusion. I went through all the necessary treatment before and after sugery. After taking the FCE exam and failing it my employer wont accept me back. I am 27 years old and cant return to work. Earlier i stated the figures my attorney told me that i could possibly settle for; now he brings an offer of 150k. I think i am being low balled. Can somebody help me please.

Trial

Kuklamou — Tue, 16 Jun 2009 04:46:15 GMT

My case is almost three years old and we are finally going to trial. I slipped and fell in my employers parking lot, twisted my foot and hit my knee. There is specific parking for customers right by the building. I had to park far out in the lot and walk down a slope. It also had been raining.

I made out an accident report. The next day I went to my foot doc for an orthotic check. It was a very quick appt. but I showed him my knee and he said I should get checked out. I said nothing else to him because I thought the right thing to do was to go to the hospital in the workmans comp section.

I have been told that I am probably not going to win because I didn't mention my foot at my docs appt., my doctor was only a podiatrist and after five months of tests, shots, castings etc. I was still in terrible pain.

The only test that showed anything was a diagnostic ultrasound that showed that I had an abnormal sesamoid or fracture. After my final round of tests my neurologist gave the go ahead to me and my doc to do the surgery. I had my sesamoid removed and did very well during the first couple of months and then I developed complications. I had corrective surgery by my orthopeadic doc and have had more complications. There's more to this story but the jist is that there ortho doc said I should have never had the surgery. My doc discribed the bone as dark long and flat so he thought AVN or fracture which pathology said there was neither. I was told normal sesamoids are usually short and round.

I have been told by my attorney that because my doc was only podiatrist and even though my ortho doc wrote a letter agreeing to my treatment that was given and both of them had consulted with each other about me before both of the surgeries my ortho doc changed his tune at cross and said he had no opinion.

Since then my attorney has pretty much said we will lose. My doc is just a podiatrist, my own ortho changed to no opinion, and there doc is a well educated, well respected orthopeadic doctor.

How can I go to trial when my own attorney said he thinks my doc goofed and I may have a mal practice suit. I checked and every attorney has said to me that no doctor is going to remove a bone that does not need to be removed.

I feel I have no where to turn. I need some advice. Am I being unreasonable to ask why my attorney didn't advise me to use an orthopeadic doc because podiatrists are not well respected. He told me he does not give medical advice as to whether I should have gone to a specialist. I find this all hard to believe.

I apologize this is so long but I'm trying to explain as much as I can.

Please any advice would be appreciated.

Thanks,

Kuklamou

open medical

angel1954 — Tue, 19 May 2009 12:32:57 GMT

I was wondering if someone could help me.I settled before the arbitrator quite a while back. My attorney sent me a letter and told me he thought it best I accept the decision and that I was given open medical.

I had no way to get to the dr as there is no way I could drive to Missouri as bad as both arms are now .My best friends husband just recently quit his job so he said he would take me. Seems anytime I call my lawyer or email him he never returns my calls or replies to my emails.I went over my settlement papers and I see nowhere where it says I have open medical.It did say treatment was unsuccessful and wc was to pay 2 outstanding bills which one they never paid and the lawyer never returned my calls concerning it.

What do I do now?Am I now allowed to call wc and talk to them since I have settled?Im so desperate to get to the dr now that I have a chance that I think I will try writing them or something.I have needed to go to the dr for a long time. They would not approve my referral to a nearby dr .My rsd is so much worse.The arbitrator did not think I have rsd.I am so much worse.I am in so much pain .My hand is shriveling up more and more.I use it despite all the pain as the dr said I need to.Its still shriveling up more though.

thank you

angel1954

medical report

homeland — Wed, 13 May 2009 20:59:04 GMT

quick question, if a medical report from an ime is 2 years old and a wcj uses it to make a decision on, could this medical testimony been seen as "stale" and objective to the defenses case? i feel that the 2yr old ime report could be seen as stale and not crediable based on possible changes to the clamaint over that 2yr period. any infromation will be helpful.

wage dfferential

Qball — Sun, 15 Mar 2009 12:55:39 GMT

Are pension and insurance benefits considered in calculating a wage differential?

Workman's Comp & SSDI

Soldiergirl1 — Tue, 07 Apr 2009 20:55:40 GMT

Hi, guys i'm new to the forum today.

I needs some help understand why SSDI needs to know about my settelement that will be coming from workman's comp. I was just approve for SSDI, and I just got my award letter stating that my payments are going to begin toward the end of the month. I actually did think I would get approve in a year. From what I was told that I would have to set up my settlement in a "Special Needs" Trust account to protect my money from a offset. I don't know if I can have my ssdi payments suspended before I settle. I also have a third party settlement that will be coming from Allstate and I also need to know will I have set up a trust account for that too. I don't want to set up a trust account. Please, I need help......... &nb...

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Employer's liability?

Springblues — Tue, 10 Feb 2009 01:04:36 GMT

I was injured over 2 years ago and been struggling with the IME restrictions ever since. The IME doctor released me to go back to normal duty with certain restrictions and I was not ready for that. Despite this, I was requested by my employer to go beyond doctor's restrictions and to perform tasks that I am not allowed to. Without any help and being afraid of loosing my job I had to work around my restriction which deteriorated my health. On the other side, the working environment was so unfriendly causing extreme stress. My conversations with HR seem to be useless, because they only document. I see that my employer backs the insurance company and they twist previous situations and conversations to their advantage.
I want to know if the employer is liable for deterioration of my health by forcing me to go back to work when they knew I couldn't? I was finally authorized another doctor's visit after begging for more than 2 years, so I don't know if I should discuss with the doctor how did this injury affect me?
And my second question is how should I address the unfriendly environment and their intentions to make me quit?
Thanks.

How to Settle

techgenius — Sun, 01 Feb 2009 14:50:40 GMT

About 2 years ago I filed a Work Comp claim for Carpel tunnel. The Insurance Company accepted my claim and paid for the Carpel tunnel surgery. Since then I feel good and have had no problems nor have I needed to go to the doctor, so my question is how can I settle with the insurance company? Am I even entitled to a settlement of some sort? I would imagine this is a very small case since my surgery went fine and I can perform my work and I have no restrictions. Is a settlement something that I initiate or do I wait for the insurance company to initiate? Thank You.

Question concerning home-based employment

Matt1972 — Wed, 28 Jan 2009 03:20:51 GMT

I don't have any sort of worker's comp injury but I was wondering how worker's comp comes into play for a person that is employed out of their home.

The company I work for is headquartered in North Carolina and has about 25,000 employees about which 25 percent are home-based. I understand that if I was injured on company property or while traveling on company business, it MAY be classified as a worker's comp claim. In the day-to-day work I do from home, how would something like this be handled? For example, if I was lifting a case of paper that I have for my work printer and strained my back, how is something like this handled?

Just curious as I always wondered how WC comes into play for a person injured in their home in the course of doing their job. A couple of my friends in other states were wondering about the same thing.

Any thoughts/comments are appreciated.

Torn Up Arm

Torn Up Arm — Sun, 18 Jan 2009 16:52:29 GMT

Hello new here, And am confused. I had broke my right elobo and tore both tendons in elbo as well as had nerve moved. I have a 16 inch scar on inside and 6 inch scar on outside of elbo from surgery , This is 2nd surgery I have had on it since being hurt Feb 08 been off since . My question is this , Say I am off for 18 months and i lose 30 percent use of arm, I make 60 k a yr What is the calculation (formula) to figure out a settlement worth?? I have read the formula but doesnt make sense to me, I never been on WC ever and just wondering the dollar amount so I dont get robbed in the last stages of the WC case. Thanks for any help.

car accident

saber1 — Tue, 30 Dec 2008 16:13:50 GMT

Hello & thanks in advance,

I was in a accident on my way into the office and was banged up pretty good.

is WC required to cover me?

Settlement Check

beachgirl11 — Thu, 01 Jan 2009 22:32:18 GMT

Once a contract for settlement is signed by both sides and the judge is there certain amount of time the insurance company has to send the setlement check out by?

can i sue in civil court

trkdriver — Wed, 17 Dec 2008 17:10:19 GMT

i was a company truck driver driving teams. my partner were on our way back from a route(my partner was driving) it was real foggy and my partner ran into a train that was on tha tracks. i ended up with 2 shattered femurs and a sever 3rd degree burn on my left foot. i now have rods in both legs from my hip to my knee and basically injured for life. my question is i know i cant sue the driver because he was an employee but can i sue him in civil court for neglect or did he pretty much get away with screwing me up for life.
if anyone knows the answer to this please let me know

RICO act

Qball — Sun, 16 Nov 2008 23:56:25 GMT

Ran across an article where a judge in Michigan allowed a group of injured workers to proceed with a rico charge against an employer, ins. co. and Dr. paid to give contradictory testimony. Article stated ruling would have immense national consequences. Could anyone give an explanation in layman's term?

Do Illinois farmers have to carry workmans comp?

janika28 — Fri, 07 Nov 2008 20:54:08 GMT

My husband was seriously hurt on a farm he works at and found out by employers insurance comp that there is no workmans comp. Who pays for medical bills now? Is his boss reliable? Also what about lost wages and pain and suffering?
Thanks

I have been MMI for two months and nothing is happening

rottenkid — Mon, 03 Nov 2008 04:57:54 GMT

Both my doctor and my work doctors have claimed that I am MMi. Both have given me restrictions that make it impossible to return to my job. I have permanent kneeling, squatting and crawling restrictions. I am a heavy equipment mechanic so they wouldn't be able to modify my job to accommodate me. Both doctors released me as MMI at the end of August, My work hasn't stopped paying me ttd payment or anything like that. They just seam to be happy having me be at home. My work is self insured and makes decisions at the speed of smell. Just seams weird to me that they would keep me at home doing nothing. What are my options at this point if any.

tpd payments

Qball — Sat, 04 Oct 2008 13:34:04 GMT

Do tpd payments fall under the 14 day rule?

Settlement

hutch24 — Sat, 20 Sep 2008 04:04:59 GMT

I was permanently injured and my case has reached the settlement phase. I know that the limit was changed to $500,000 but I am also certain that since I was injured in 2003 I only qualify for $250,000. My question is am I entitled to a settlement for future medical benefits. I have Reflex Sympathetic Dystrophy and it is very expensive to treat. I am also receiving Social Security Disability. I have 3 children and I must seek the best possible settlement. Wondering if anyone can tell me what their settlement for Total Permanent Disability amounted to.

Trying to get me to quit after being injured at work

jim81 — Mon, 06 Oct 2008 17:40:22 GMT

I was injured at work and was foreced not to work for 9 months I went back to work last July and now they are sending me home early every week and this week told me not to come in at all. They have another builder with less senority and being paid less that is still coming in. I know they are trying to get me to quit so they dont have to fire me. I was our all that time due to falling off a ladder and tearing rotator cuff in my right arm 80% and now I onlu have around 50% movement left in it.There is a workman comp claim in and we have not heard anything yet. Anyone know of anything i can do. i cant afford to not work as we are very far behind on everthing still from being out of work so long.

Thanks,
jim

19b-1

Qball — Wed, 17 Sep 2008 21:46:29 GMT

What is a 19b-1 hearing?

Average payout for claim

jim81 — Wed, 03 Sep 2008 15:15:07 GMT

I am just wondering if someone can tell me what they think the average payout if for my claim.

I fell off a ladder at work due to them not replacing years ago when needed. I tore my dominate arms rotator cuff 80% and after being out of work for 7 months I have only gained 50% movment on it. I am now back at work but only have 50% movement. I am still in a lot of pain. I am just looking what would be considered the average payout for this type of injury,.