Smoler Law Office
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1 What kind of cases does your law office handle?

Any case where someone has been injured or killed in an accident. This includes job accidents, car accidents, slip and falls and medical malpractice.

2 Does it depend on where I live if you can handle my case?

Our office handles cases in Chicago and Cook County as well as the surrounding Collar counties. Further, often it depends on where your accident happened and not where you live as to the jurisdiction for your case. If we are unable to handle your case due to the location of the accident we may be able to assist you in locating an attorney in your area.

3 What kinds of work-related injuries are covered by workers’ compensation?

Generally, any traumatic injury which is causally related to your job such as back and neck injuries, injuries to the shoulders, arms, hands, legs, knees and feet, from strains to fractures to herniated discs. There is also coverage for repetitive trauma injuries such as carpal tunnel syndrome and other diseases, illnesses and exposures. Consult an attorney who concentrates in workers’ compensation law to obtain an opinion whether your injury is covered.

4 I had a work-related injury on the job. What should I do first?

In order to comply with all the conditions specified in the Illinois Workers’ Compensation Act it is recommended that you consult with an attorney who concentrates in worker’s compensation law. The Law Offices of Smoler Law Office concentrates in workers’ compensation law and there is no charge for consultation.

5 Do I need to notify my employer of my job accident?

Yes, you must notify your employer immediately of your work-related injury. However, the act allows for benefit if you notify your employer within 45 days of the injury.

6 My employer has not sent me to a doctor for my injury, what should I do?

You must seek immediate medical attention to document your injury and begin your recovery. The act provides for an injured employee to choose his/her own doctor. However, there are certain conditions on the number of medical providers your employer may be responsible for paying.

7 My medical bills are not getting paid. Is my employer responsible for paying these expenses?

Your employer is responsible for 100% of all reasonable and necessary medical, hospital and surgical expenses related to your job injury. However, these expenses must comply with certain restrictions in the act. Medical expenses are an important part of your benefits and an experienced workers’ compensation attorney can help protect your rights to payment of your medical expenses by your employer.

8 Am I entitled to benefits while I am off of work due to a job-related injury?

You are entitled to temporary total compensation (TTD) while you are authorized off of work by a medical practitioner. TTD is paid based upon a calculation of two-thirds multiplied by your average weekly wage (AWW). Generally, your AWW is based upon your earnings for the year prior to the accident. We recommend you preserve your check stubs for the year before your accident in order to document your AWW if there exists a dispute in this regard.

9 I have been off of work due to a work-related injury but I have not received my TTD. What can I do?

The act provides for the payment of TTD within 14 days of the date you notified your employer of the injury. If your benefits have been delayed an experienced workers’ compensation can help in getting your benefits started. If there is an unreasonable delay in paying your TTD, it may be necessary for your attorney to file a petition on your behalf at the Illinois Workers Compensation Commission to fight for your benefits.

10 My employer has paid my TTD and my medical expenses. Am I entitled to any other benefits?

Yes. Even if your employer has complied with the act and paid your TTD and medical expenses you are entitled to compensation for the permanent nature of your injury, which is called a Permanent Partial Disability (PPD). A lawyer concentrating in workers’ compensation can insure that your settlement is in accord with the permanent nature of your injury. If an offer is not fair then it may be necessary for you and your attorney to proceed to a hearing before an arbitrator at the Illinois Workers Compensation Commission to fight for your compensation.