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Frequently Asked Questions

We have tried to answer the most common questions you may have. If you find that your question is not answered on this page, please email us at Eric@MiskellLaw.com or call us at (815) 431-9300.

How much does an Attorney charge?

What a lawyer charges is dependent on what type of case your have.

Contingency Fee: are a percentage of the amount actually collected. This is usually 20% in a Worker’s Compensation claim and 33.3% in a Personal Injury claim. The client does not pay a legal fee unless there is a recovery.  Generally, the attorney’s office will absorb the costs of medical records, filing fees, subpoena, deposition and like charges until the recovery is made, at which time, these costs are reimbursed out of the settlement proceeds as an additional cost.

Flat Fee: is a one time charge for the service regardless of the length or complexity of the representation. Circuit Clerk fees and service fees either included or are extra depending on the case. This type of charge is usually associated with wills, trusts, criminal defense representation, licensing reinstatements and other like services. A flat fee is determined by the type of matter for which you need representation.

Hourly Basis Fee: is a type of fee we typically reserve for domestic relations, dissolution of marriage, social security disability and other family law matters. Actual time spent on a file is kept and there is a separate rate charged for time charged by the attorney on the file with a lower rate charged for paralegal services rendered.

What is TTD or Weekly Work Comp Benefits?

TTD or Temporary Total Disability compensation is an amount equal to 66 2/3% of the amount of money you earned per week on average the 52 weeks prior to the date of your work related injury. This is subject to certain minimums and maximums as allowed and amended by law. The employer is not required to compensate the employee for the first three days of disability unless they are off 14 or more calendar days. These benefits should continue throughout the time you are required by your doctor to heal from your work related injuries. Am I getting necessary medical care in my Worker's Compensation Claim?

Under section 8 of the Illinois Worker's Compensation Act, your employer is obligated to pay all the necessary medical, surgical and hospital services for the treatment of a work related injury or occupational disease, including, among other things, vocational rehabilitation, physical therapy and work hardening where prescribed. You are entitled to one or two doctors of your choice in the treatment of a work-related injury or disease depending upon what type of insurance your employer currently has. These doctors may be able to referr you to other doctors without counting as an additional choice of treator. Therefore, the employer or insurance company must pay for any doctors or hospitals to whom the employee's own two choices of doctors sends or refers them to. Keep in mind that the emergency room and/or first aid care is not considered a choice of treating doctors by the injured worker. Further, doctors that the employer sends you to are often times are not considered a treating doctor of your choice. Make sure you insist that your medical bills be sent to the worker's compensation insurance carrier instead of your regular group insurance or the insurance carrier for your spouse.

Am I Getting Necessary Medical Care in My Worker’s Compensation Claim?

Under section 8 of the Illinois Worker’s Compensation Act, your employer is obligated to pay all the necessary medical, surgical and hospital services for the treatment of a work related injury or occupational disease, including, among other things, vocational rehabilitation, physical therapy and work hardening where prescribed. You are entitled to one or two doctors of your choice in the treatment of a work-related injury or disease depending upon what type of insurance your employer currently has.  These doctors may be able to referr you to other doctors without counting as an additional choice of treator.  Therefore, the employer or insurance company must pay for any doctors or hospitals to whom the employee’s own two choices of doctors sends or refers them to.  Keep in mind that the emergency room and/or first aid care is not considered a choice of treating doctors by the injured worker.  Further, doctors that the employer sends you to are often times are not considered a treating doctor of your choice. Make sure you insist that your medical bills be sent to the worker’s compensation insurance carrier instead of your regular group insurance or the insurance carrier for your spouse.

How do I know if I have Permanent Partial Disability?

PPD is the cash settlement or award as a result of your injury. Technically, your work related injury should result in permanent partial disability or PPD where there is the complete or partial loss of a part of the body or the loss of use of the body as a whole for industrial purposes. In other words, certain things I used to be able to do with ease at work, I can no longer do or is more difficult as a direct result of my injury. Although cruel in appearance, the Worker's Compensation Act has listed a number of weeks of permanency that directly correlate to certain body parts for the purpose of evaluating claimants for industrial loss. When our attorneys evaluate a claim, we will talk in terms of weeks or percent loss of a body part or to the person as a whole. Our attorneys have certain resources available to us to secure the proper amount of permanency due to you, the claimant. In certain instances, given the injury, recovery, and scope of the industrial loss, the employee may be afforded different theories of recovery that can substantially increase the amount recovered under the current state of the law. An employee who can not return to his former line of work and is forced by the injury to take a job that pays less may be entitled to weekly benefits for life for his loss of earning capacity. When an employee is killed at work, a spouse, children under 18 (students under 25) and any other legally dependent persons are entitled to the greater of 20 years of benefits or $ 250,000.00.

What do I do if I am injured?

Seven simple rules to remember:

Give notice to your employer immediately.
Do not give your employer or their insurance company a statement.
See medical aid if necessary.
Do not sign any papers or documents.
Do not talk to "friends" or coworkers about your case.
CALL THE MISKEL LAW CENTER, LLC TODAY. (888) MISKELL or (815) 431-9300.