DWP, Medical Only Claims, And Other Illinois Work Comp Questions
We are experienced Illinois work comp attorneys who will talk to you for free. Please call us any time at 312-346-5578. We help with accidents and injuries everywhere in Illinois.
We get so many great questions that every couple of months I like to do a blog post about them. Here are some of the best ones we got this fall.
What does DWP mean in Illinois workers’ compensation?
It means dismissed for want of prosecution. That’s a fancy way of saying that your case was up on the status call at the Illinois Workers’ Compensation Commission and your lawyer didn’t show up. If the case was filed more than three years ago it will be “DWP’d” and you’ll have 60 days from notice of the dismissal to have it reinstated. Twice this year we’ve had calls from injured workers whose lawyers didn’t show up and also didn’t get the case reinstated. When that happens your only option is to sue your attorney.
My lawyer said the IME doctor is a classic Dr. No. What does that mean? My attorney doesn’t like to answer questions so I don’t want to bother him as he always makes me feel stupid.
First off, it’s a huge problem if your lawyer doesn’t like to answer questions and makes you feel stupid. That’s a sign you have a terrible lawyer and should fire them. That said, a “Dr. No” means that the doctor the insurance company is sending you to is essentially a hired gun and will say whatever they want him/her to say. It’s also a bad sign, but one that an attorney who will fight for you can deal with.
I’m a teacher and was told that we have to use 14 sick days before we get paid wc. Is that true?
Not only is it not true, it’s a terrible lie that someone told this teacher. The Illinois work comp laws apply the same to everyone. There is no waiting period at all.
What is a medical only claim?
We see that a lot when insurance companies say the case is closed when it’s really not. Basically it’s their way of saying they will pay your medical bills and nothing else. Of course nothing in the law says they can do this. They are just trying to get away without paying you a settlement or in some cases without paying you your time off of work. It’s blatant breaking of the law, but just a common trick they use to try and save money. The bad news is that it sometimes works because unsuspecting workers don’t find out what the law actually is. The good news is that we can turn this around usually as soon as we formally file the case.
I was injured on the job while working as a semi driver. I broke my neck and it pressed on spinal cord causing right side weakness. I have Bad PTSD flashbacks anytime I’m on the interstate just as a passenger. Can my employer force me to go back to driving even with the PTSD diagnosis?
Nobody can make you return to a job. As far as being able to refuse work and still get paid, this driver could if he has a doctor in his corner that takes him off of work or gives him restrictions of no driving. If so they’d either have to pay him while off work or find work for him within his restrictions. This is true in any case. As long as you have a credible doctor in your corner and a legitimate injury, you should be able to receive work comp benefits.
If you on workers com for almost 2 years, should they raise your weekly benefit every 6 months?
Unfortunately that doesn’t happen. Your pay rate is based on your wages at the date of accident. If you are found to be permanently disabled, you will be entitled to a cost of living increase.
As always, if you have any questions about anything related to Illinois work comp law, please contact us any time.