FAQS
- Should I speak to anyone after my accident?
- When should I seek medical treatment?
- Should I keep records of my injuries?
- What can I do about unpaid medical and hospital bills?
- Am I guaranteed compensation in my injury claim?
- Who pays the advanced costs of my claim?
- When should I report a work injury?
- Am I permitted to see a doctor for my injury other than the company doctor?
- Should I keep records of my medical care?
- If I file a work injury claim, am I suing my employer?
- What are the attorney fees for a worker's compensation claim?
- Is my employer required to pay 100% of my medical bills promptly and a lifetime of benefits as suggested by television commercials I have seen?
- If I am stopped for DUI, should I take a breath test?
- Can I get my own blood alcohol test following a DUI arrest?
- Should I take field sobriety tests when arrested by a police officer?
- Do I really need a Will?
- Do relatively simple Wills cost hundreds of dollars as some of the advertisements for legal forms by non-law firms suggest?
Decatur attorney Steven Perbix answers questions clients frequently ask about personal injury and Illinois workers' compensation accident claims, criminal law and preparation of wills and estate documents.
- Should I speak to anyone after my accident?
Other than providing an investigating police officer with required information, giving clear information about how your accident happened, and what injuries you suffered to your physician(s), do not talk to anybody else including your own insurance company until you have spoken to an attorney.
- When should I seek medical treatment?
Immediately! Get checked out by a qualified physician or physicians and give a clear history of how you were injured right away. You should return to each of your doctors as often as necessary and should always tell them your complaints. Do not overstate your complaints, but do not minimize your ailments to your doctors either. A doctor must know these things to properly treat you. Seek medical help promptly, because delay in treatment can negatively influence your potential claim.
- Should I keep records of my injuries?
Yes. Also, take photographs or arrange for somebody on your behalf to do so as soon as possible to help preserve evidence related to your claim. Also, make sure you have a list of addresses and phone numbers of potential witnesses whenever possible.
- What can I do about unpaid medical and hospital bills?
If available to you, have your group health or medical payments coverage from another policy such as your auto carrier pay as much as possible. While your claim is pending, the person or entity you claim to be responsible usually will not pay medical bills.
- Am I guaranteed compensation in my injury claim?
The truth is that no attorney can guarantee a client compensation for an injury claim. Nevertheless, since these claims are often handled on a contingency fee basis, meaning the attorney only is paid if he or she collects for the client; both the attorney and client are in the same situation. Obviously the better the attorney does for the client, the better the attorney does for himself/herself.
- Who pays the advanced costs of my claim?
The attorney usually does so with the understanding that the client will have to reimburse the attorney for those costs; however, sometimes an attorney will ask a client to bear some of those expenses up front.
- When should I report a work injury?
Immediately notify your supervisor of the injury and the work related activity that caused it. Request that your supervisor make a written report of the claim. If he or she refuses, then make a written report yourself and deliver it to the employer, keeping a signed copy for you.
- Am I permitted to see a doctor for my injury other than the company doctor?
Yes, you are permitted to see two physicians and any physician in the line of referral from those physicians. In addition, you should see your physician of choice or an emergency room physician, if necessary, as early as possible after the injury, and provide your physician(s) with a detailed history of the work-related accident and all of your physical complaints as a result of the accident.
- Should I keep records of my medical care?
You should keep records of your care, such as a diary. If there were witnesses to your claim not noted on your accident report to your employer, keep a list of their names and addresses too if possible. Can my employer terminate me in retaliation for filing a Worker's Compensation claim under Illinois Law? No. However, you could still be terminated for other reasons, so be extra careful while your work injury case is pending. Do not to give your employer some other possible, legitimate reason to fire you, as some employers do look for such reasons.
- If I file a work injury claim, am I suing my employer?
A work injury claim is an administrative claim made pursuant to the Illinois Workers Compensation Act and administered by a state agency known as The Illinois Workers Compensation Commission (IWCC), so no; the claim is not a lawsuit. If the case is appealed beyond the IWCC, then it becomes a court case, but not until that point.
- What are the attorney fees for a worker's compensation claim?
By law, the attorney cannot charge more than 20% of benefits recovered, but there are other specific rules regarding fees governed by the Illinois Worker's Compensation Act. The rules will be clearly stated in the required contract that will be signed by you and your attorney, and filed with the IWCC for your benefit.
- Is my employer required to pay 100% of my medical bills promptly and a lifetime of benefits as suggested by television commercials I have seen?
No. Since 2006, the IWCC has applied the Medical Fee Schedule to medical bills resulting in reductions, contrary to what anybody else may be telling you. In addition, lifetime awards are rarely made and only in extreme injury claims involving severe, permanent injuries. Make sure the lawyer you choose honestly lays out your rights to benefits.
- If I am stopped for DUI, should I take a breath test?
This is a difficult question to answer. On one hand, refusing to take the test will result in a six-month or more suspension of your driving privileges, as Illinois law states that every motorist gives implied consent to such a test, when driving on the roads, and refusing to do so after a stop is a violation of that implied consent. Yet, submitting to the test can provide incriminating evidence against you in a DUI prosecution. Therefore, the answer depends on whether you are willing to risk that suspension of driving privileges in exchange for not providing potentially incriminating evidence against yourself.
- Can I get my own blood alcohol test following a DUI arrest?
Yes, but the test must be drawn by an agency qualified to do so in order for the evidence to be admissible in court, and the test must be done immediately upon your release from police custody to have any potential value to your defense. Frankly, having your own test done is rarely beneficial because of the difficulty in getting it done quickly enough relative to the time of the arrest and by a qualified agency.
- Should I take field sobriety tests when arrested by a police officer?
No. And do not make any admissions or statements to the officer either, as these along with the officer's field sobriety test observations can be used against you in court.
- Am I entitled to legal counsel?
The U.S. and Illinois Constitutions guarantee your right to legal counsel before you speak to anybody, including police, but you can waive that right by agreeing to talk to police or even your friends and family. Therefore, do not speak to anybody about your matter in any way, unless you are willing to pay the consequences of waiving your rights.
- If I do not believe I did anything wrong, can I resist an arrest?
Do not resist arrest in any physical manner, as that is illegal and can result in another charge against you of resisting arrest. You can refuse to speak to officers, but do so politely and otherwise cooperate physically even if you believe the arrest is invalid or unlawful.
- Do I really need a Will?
If you do not have a Will, your property will pass by laws of what is referred to as intestate succession, meaning certain rules will have to be followed as to how your property passes upon your death without regard to your desires or wishes. Therefore, you should have a Will drafted by an attorney if you want to have a say in how your property passes upon your death.
- Do relatively simple Wills cost hundreds of dollars as some of the advertisements for legal forms by non-law firms suggest?
Simply put, no! In central Illinois, basic wills usually costs far less than "hundreds of dollars" to draft assuming that they are, in fact, simple and not more complicated documents involving trust and guardianship provisions.
When you have a legal problem, it is important to speak with an attorney to obtain legal advice that pertains to your individual circumstances and the laws of your state. If you need guidance concerning personal injury, workers�?? compensation, criminal defense and wills and estates in Illinois, we invite you to call our Decatur law firm at (217) 233-3000 to learn how we can help.
