Complaint Subrogation Sample For Workers Compensation In Chicago
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FAQ
In Illinois, an employer is not required to hold your job while you're recovering from a work-related illness or injury as a workers' comp recipient.
If your employer cancels your health insurance while you are receiving workers' compensation—or at any other time—they must give sufficient notice prior to doing so. If you take FMLA leave, your health insurance cannot be canceled during your leave.
It's important to note that the appeals process can take time, and there are no guarantees of success. However, with a well-prepared case, strong evidence, and skilled legal representation, your chances of winning a workers' compensation appeal in California can be significantly improved.
If it denies your claim, you might be able to sue. Your right to sue depends on the reasoning behind the denial and the insurance company's approach. If the insurer rejects your claim for a legitimate reason, such as you filed too late or the injury isn't connected to work, you typically don't have the option to sue.
The Illinois workers' compensation law is detailed in 820 ILCS 305. Specific to subrogation is section 305/5. There are two parts of that section that are of particular importance. One is the application of a lien on the injured employee in any personal injury action they bring against the at-fault party.
Calculations involve multiplying 60% of the employee's average weekly wage (AWW) by the weeks on the schedule for the affected body part. This result is then multiplied by a percentage reflecting the severity or loss of use.
Section 5(b) of the Illinois Workers' Compensation Act, 820 ILCS 305/5(b), recognizes that injury or death compensable under the Act may occur in circumstances "creating a legal liability for damages on the part of some person other than" the employer.
During the subrogation process, your insurance company expects your cooperation. Notify your insurer if you intend to agree to a settlement with the at-fault person or their insurance company.
