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        Marc Perper

        Should I allow my employer or their representative to speak to my doctor when I am not present at the time of the conversation?

        150 150 Marc Perper
        Chicago's Top Injury Lawyers
        Mitchell W. Horwitz, a principal partner and head of the workers’ compensation department at Horwitz Horwitz & Associates, and Marc A. Perper, a partner and Chicago work injury attorney at Horwitz Horwitz & Associates, answer a listener’s question on Free Legal Advice Friday’s:

        Should I allow my employee or my representative to speak to my Doctor when I am not present at the time of the conversation?

        From Marc Perper:

        In Illinois, a patient has what we call a privilege of confidentiality in the context of the doctor patient relationship.

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        No Need to Reform Workers’ Compensation When Insurers Stack the Deck (and Profits)

        150 150 Marc Perper

        When the Illinois Workers’ Compensation Act was amended in 2011, workers’ rights were slashed, and doctors and hospitals were told to take a pay cut.  The only people who walked away happy were the insurance companies.  Five years later, Gov. Bruce Rauner is seeking to further reduce workers’ rights and benefits.

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        What type of medical benefits am I entitled to after I’m injured?

        150 150 Marc Perper
        Chicago's Top Injury Lawyers
        Marc A. Perper, a principal partner and lead trial attorney at Horwitz Horwitz & Associates answers a listener’s question on Free Legal Advice Friday’s:

        What type of medical benefits am I entitled to after I’m injured?

        The Illinois Workers’ Compensation Law entitles you to emergency treatment, plus treatment from the first two medical providers of your choice.

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        Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

        150 150 Marc Perper

        Marc A. Perper, a partner and Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates, was asked to explain the difference between the statutory fee structure in Illinois and the statutory fee structure in Florida following a Florida Supreme Court decision.

        The Florida Supreme Court recently declared that the statutory caps on claimants’ attorney fees in the Florida workers’ compensation system are unconstitutional and a violation of an injured worker’s due process rights.

        The Florida workers’ compensation statute allows for an attorneys’ fee equal to 20% of the first $5,000 in benefits secured for a client, 15% of the next $5,000 and 10% of any amount secured in excess of $10,000 with no room for exceptions.

        In its decision for Castellanos v. Next Door Co., the Florida Supreme Court ruled that this structure creates a disincentive for claimants’ attorneys to take on “low-value complex” cases.

        According to Marc Perper, there is a major distinction between the Illinois and Florida acts. In Illinois, workers’ compensation attorneys get 20% of the settlement or award and this total is not to exceed the 364-week cap. However, when a full 20% fee exceeds the 364-week cap, attorneys can petition the Illinois Workers’ Compensation Commission for a fee in excess of the 364-week cap. As long as the client agrees to the fee, there is usually no problem in getting the commission to approve it.

        Due to publishing restrictions, the story is no longer available to read on our website. To read the full story please visit WorkCompCentral: Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

         

        105 Years of Workers’ Compensation in Illinois

        150 150 Marc Perper

        105 Years of Workers’ Compensation

        By Marc A. Perper

        The year 2016 marks the 105th anniversary of the enactment of the first Workers’ Compensation law in the United States. Wisconsin passed the first work comp legislation, followed by Illinois the same year. A centennial commission was established to commemorate the 100th anniversary of work comp in America.

        Workers’ compensation laws were the first major social legislation in the United States. They were controversial then, and they remain controversial now. Nonetheless, all 50 states, the District of Columbia and the federal government itself now have work comp laws. Mississippi was the 50th state to enact work comp legislation in 1948.

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