Before any discussion of workers’ compensation benefits can be meaningful, it is essential to understand the concept of the Average Weekly Wage (AWW). The AWW forms the basis for most benefits a worker will receive during the course of a workers’ compensation claim. Because the Average Weekly Wage directly affects how much compensation a … Continue reading Average Weekly Wage (AWW) – The Basis for Workers’ Compensation Benefits
Legal News
Do I Need To Report A Work Accident?
As is likely true in every state, in Illinois it is important that an injured worker report a work accident to their employer as soon as reasonably possible after the accident. Giving timely notice of an accident is often critical for the worker to avoid a disputed compensation claim. Delay In Giving Notice Can Be … Continue reading Do I Need To Report A Work Accident?
Off Work on Workers’ Comp and Thinking of Retiring? THINK AGAIN!
From time to time, we see the situation where an employee with many years at their job decides to retire following a serious injury but before they have concluded their workers’ compensation claim. Normally, they reason that since they will not be able to return to their job due to their injuries, they might as … Continue reading Off Work on Workers’ Comp and Thinking of Retiring? THINK AGAIN!
What is a “Wrongful” Termination?
After having five or six wrongful termination questions in as many days, we thought it would be a good idea to discuss what a “wrongful” termination claim really is. It seems that many people don’t seem to understand what these claims are about. We start our analysis by recognizing that just about everyone that has … Continue reading What is a “Wrongful” Termination?
Uninsured Employers Beware
In years past, there was a great deal of frustration with employers operating without workers’ compensation insurance coverage in Illinois. Even though employers have always been required to provide insurance, or show financial responsibility, they did not always do so. As a result, we saw a number of clients with serious injuries left out in … Continue reading Uninsured Employers Beware
Prescription Pain Medication – A Look Ahead
We need to get ready – it’s coming – and there isn’t anything that can be done to stop it. What I’m talking about is the vigorous regulation of prescription pain medications. A recent study by the CDC (Center for Disease Control) presented some pretty alarming statistics with respect to prescription pain medications. These medications, … Continue reading Prescription Pain Medication – A Look Ahead
Injured Workers – Be Careful What You Sign
The Illinois Workers’ Compensation Act provides employers with the right to obtain an injured worker’s medical records in order to assess the injury, the need for treatment, and determine the worker’s right to payment of workers compensation benefits.[1] Within a few days after a work related injury, the employer’s insurance company will normally ask the … Continue reading Injured Workers – Be Careful What You Sign
Why is my neighbor going fishing when he is off on workers’ compensation?
Nothing seems to irritate people more than to see someone drawing workers’ compensation benefits and still getting some enjoyment out of life. We consistently hear about employers and insurance carriers having videotape evidence that a client went fishing, hunting, was doing yard work, or grocery shopping with their spouse. Normally these activities aren’t really significant, … Continue reading Why is my neighbor going fishing when he is off on workers’ compensation?
Menard Work Comp Claims – Jumping Down the Rabbit Hole
Like most people interested in the Illinois workers compensation system, we have been reading the Belleville News-Democrat’s unfolding coverage about the Illinois Department of Corrections debacle at the Menard Correctional Center. It seems that over the past several years there have been a large number of claims for repetitive stress injuries reported by the staff … Continue reading Menard Work Comp Claims – Jumping Down the Rabbit Hole
Injured Workers: Be Careful With Your Release to Return to Work
Every few years we see a particularly vicious claims practice resurface in workers’ compensation claims. Most often it involves younger workers and smaller employers, but it isn’t just limited to them. This practice involves an employer tricking the injured worker to get a full duty release to return to work when they aren’t physically able … Continue reading Injured Workers: Be Careful With Your Release to Return to Work