Why Following Doctor’s Orders is Important for Your Workers’ Comp Case

January 31st, 2018 at 2:01 pm

doctor's orders, Chicago workers compensation attorneys, work related injury, workers’ comp case, workplace injuryUnder the Illinois Workers’ Compensation Act, employees who are hurt on the job are eligible to receive medical and wage loss benefits. However, these benefits are not automatic—there are certain rules that injured employees must follow in order to receive them. One of the most important rules is following doctor’s orders. 

Steps to Take After a Work Injury

Immediately after you experience a work-related injury, you must report it to your supervisor or employer. Then, you should seek medical treatment as soon as possible. Once you visit a primary care doctor and/or specialist, he or she will document your injury and determine a care plan that will help you recover in an efficient and timely manner.

Your care plan may include diagnostic tests such as x-rays and MRIs, doctor’s appointments, overnight stays at the hospital, surgery, physical therapy, occupational therapy, speech therapy, and nursing home or home health care services. In addition, you will likely need to take certain prescription medications and use medical equipment such as a wheelchair, crutches, or braces.

Losing Benefits if Doctors Orders Are Not Followed

After your doctor and/or specialist outlines your care plan, you must follow it as ordered. If you refrain from doing so, you may lose your workers’ compensation benefits and hinder your recovery. Therefore, you should attend all doctor’s appointments, take medications as prescribed, utilize all medical equipment, and ask if you are unsure about a certain aspect of your care plan.

If you cannot make an appointment or are unable to adhere to one of your doctor’s orders, be sure to carefully document why. For example, if your ride cancelled on you and you have no way of getting to the doctor’s office, write down the name and number of the individual or company that was supposed to drive you.

Additionally, you should never go back to work until your doctor and/or specialist informs you that you can. In the event you disagree with your doctor’s care plan or believe that he or she is releasing you to go back to work too early or too late, you should consider changing medical providers.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured on the job, it is in your best interest to call our Chicago workers’ compensation attorneys at 630-574-2288 for a free consultation. We will inform you of your rights and ensure that you do not make a mistake that costs you the medical and wage loss benefits to which you may be entitled.



5 Reasons to Hire a Lawyer for a Workers’ Compensation Case

January 18th, 2018 at 8:43 pm

Chicago workers’ compensation attorney, workers' compensation case, lawyer consultation, workers’ compensation benefits, work injuryIf you sustain an injury while at work, you may face a great deal of stress. In addition to filling out paperwork for a workers’ compensation claim and trying to determine which benefits you may be qualified to receive, you may additionally face medical bills, lost wages, and other difficulties.

Fortunately, an experienced workers’ compensation lawyer can improve your situation and will work to make your life easier during this challenging time.

Consider the following reasons why you should hire a lawyer for your workers’ compensation case:

  1.       Denial Prevention

It is not uncommon for workers’ compensation claims to get denied. Your claim may get denied because you failed to notify your employer of your injury on time, were not treated by an approved medical provider, never received any medical treatment, or did not file your paperwork on time. A lawyer can help you prevent a claim denial.

  1.       A Greater Understanding of Your Rights

Workers’ compensation laws in Illinois can be complex. A lawyer can clearly explain the laws to you so that you know how the claim process works and the benefits to which you may be entitled. Although there is literature available explaining these laws, receiving this information from a lawyer will help you avoid any confusion or misinterpretation. In addition, a lawyer can make sure you are meeting certain deadlines and filling out paperwork correctly.

  1.       Assistance in Receiving Quality Medical Treatment

After you have been injured at work, your health and recovery should be your top priority. Unlike insurance companies and employers who may not always have your best interests at heart, a lawyer can assist you in receiving quality medical treatment so that you can get back on your feet as soon as possible.

  1.       Benefits Evaluation

Once you receive your workers’ compensation benefits, a lawyer can review them to ensure that they are right for you and your particular injury and its severity. A benefits evaluation can ensure you are being treated fairly.

  1.       Free Consultation

Most lawyers offer free consultations to injured employees who are interested in learning more about their services. That being said, there is no financial risk with simply speaking to a lawyer about your case and rights.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured at work, contact a compassionate Chicago workers’ compensation attorneys at 630-574-2288 right away. With our legal representation by your side, you can protect your rights and focus on recovering.  



Injuries Caused by Third Parties

December 27th, 2017 at 7:33 pm

Chicago workers’ compensation attorney, injuries caused by third parties, personal injury claim, personal injury lawsuit, workers' compensation benefitsSeveral weeks ago 36-year-old driver struck two construction workers in Joliet, Illinois, causing serious injuries, according to the Joliet Patch. The man was on his cell phone when he approached a work zone on Interstate 80. Distracted, the man drove his 1996 Ford F-350 into a digital board sign and then into two construction workers, both of whom were taken to the hospital. He was charged with aggravated driving and aggravated reckless conduct. But what does this mean for the two construction workers in terms of compensation? Will they be able to sue or are they merely limited to workers’ compensation benefits? 

If you are in a similar situation, and have been injured by a third party while you were on the clock at work, you need to contact an attorney immediately. A Chicago workers’ compensation attorney will be able to answer all your questions and help you towards the road of financial stability 

Collecting Workers’ Compensation and Filing a Lawsuit Requires an Experienced Attorney

When you get injured by a third party while you are at work, such as the case above, you have the ability to receive workers’ compensation and pursue a personal injury lawsuit at the same time. The workers’ compensation will kick in immediately, while the lawsuit or settlement will likely take many months or even years. You get the best of both worlds in this situation, right? Unfortunately, your employer’s insurance company will most likely apply a lien to the personal injury claim. This means that they will soak up some or much of the compensation that you receive from the negligent third party. Let us use the following as an example:

  • Your injuries cost $100,000 in medical damages and lost wages, paid for by your employer’s insurance carrier; and
  • You successfully settle or win a personal injury lawsuit for a net gain of $120,000.

Your employer’s insurance company could theoretically place a lien on that claim for up to $100,000, and attempt to collect all of that money. This would leave you with just a fraction of what your injuries were worth. Seems unfair, and is doubly so when taken into account the fact that in Illinois, your employer’s carrier has the ability to sue the third party directly. While workers’ compensation can be divvied out fairly quickly, and go directly towards medical coverage, paying the mortgage, and putting food on the table, it does not provide any compensation for pain and suffering, which is often the largest aspect of a personal injury lawsuit.

Call an Attorney Today 

You need to work with an attorney who will aggressively fight for every dollar of the personal injury lawsuit winnings, and ensure that your employer does not take back what you fought to receive and is rightfully yours. We encourage you to contact an experienced Chicago workers’ compensation attorney with the Law Offices of Francis J. Discipio today.




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