Category Archives: Personal Injury

Fees and Penalties against the Employer/Insurer in an Illinois Workers’ Compensation Case under Illinois law 820 ILCS 305 sections 19(k), 19(l) and 16.

By Steven Edelman

When an employer/insurer fails to pay an injured worker temporary total disability (TTD) then your attorney can file a request for 19(b) hearing and also requests fees and penalties against the employer/insurer for failure to to pay TTD. Fees and penalties are allowed under section 19(k), 19(l) and 16 of the Illinois workers’ compensation law found under 820 ILCS 305.

820 ILCS 305/19(k)

19(k) penalties: Under this section employer/insurers are penalized for non-payment of benefits owed to an injured worker. The penalty under this section is 50% of the unpaid amount.

See Illinois law per 820 ILCS 305/19(k)

“In case where there has been any unreasonable or vexatious delay of payment or intentional underpayment of compensation, or proceedings have been instituted or carried on by the one liable to pay the compensation, which do not present a real controversy, but are merely frivolous or for delay, then the Commission may award compensation additional to that otherwise payable under this Act equal to 50% of the amount payable at the time of such award. Failure to pay compensation in accordance with the provisions of Section 8, paragraph (b) of this Act, shall be considered unreasonable delay.” https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K19

820 ILCS 305/19(l)

19(l) penalties: This section of Illinois law allows a penalty against the employer/insurer of $30 per day for failure to pay weekly TTD compensation benefits up to a maximum penalty of $10,000. The law states under 820 ILCS 305(l):

“If the employee has made written demand for payment of benefits under Section 8(a) or Section 8(b), the employer shall have 14 days after receipt of the demand to set forth in writing the reason for the delay. In the case of demand for payment of medical benefits under Section 8(a), the time for the employer to respond shall not commence until the expiration of the allotted 30 days specified under Section 8.2(d). In case the employer or his or her insurance carrier shall without good and just cause fail, neglect, refuse, or unreasonably delay the payment of benefits under Section 8(a) or Section 8(b), the Arbitrator or the Commission shall allow to the employee additional compensation in the sum of $30 per day for each day that the benefits under Section 8(a) or Section 8(b) have been so withheld or refused, not to exceed $10,000. A delay in payment of 14 days or more shall create a rebuttable presumption of unreasonable delay.”

820 ILCS 305/16

16 penalties: This section provides for attorneys’ fees when 19(k) and 19(l) penalties are sought. The law states under 805 ILCS 305/16:

“Whenever the Commission shall find that the employer, his or her agent, service company or insurance carrier has been guilty of delay or unfairness towards an employee in the adjustment, settlement or payment of benefits due such employee within the purview of the provisions of paragraph (c) of Section 4 of this Act; or has been guilty of unreasonable or vexatious delay, intentional under-payment of compensation benefits, or has engaged in frivolous defenses which do not present a real controversy, within the purview of the provisions of paragraph (k) of Section 19 of this Act, the Commission may assess all or any part of the attorney’s fees and costs against such employer and his or her insurance carrier.”

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K16

If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777

Steven Edelman, Attorney

Car Crash Insurance Tip- Property Damage Coverage

Multi vehicle car crash

When you are in a car accident, after the initial nervousness and misery, you need to start thinking of how to get your car repaired and whether or not you should report it to your own insurance. In this hypothetical situation, the defense insurance company is willing to admit that it is their drivers fault and fix your car. They will even offer you a rental.  Stop and think. Stop and check your own collision coverage.   Hopefully you have property damage coverage on your vehicle.  If you have a low deductible collision damage, and even if you don’t, my advice is to alert and put your own insurance company on notice. Take advantage of your own collision damage insurance coverage.  Get a rental if you need it from your own company. I say this for a very good reason. First your own company usually will not ask you to sign a property damage release when the car is fixed. The other side will surely try to do this. Second, if after fixed more problems become apparent, the defense insurance company will probably not fix it, especially after you sign a property damage release. Third, your own insurance will be a lot nicer and accommodating to you. But you say why should you pay for your own deductible if the other side admits fault. Guess what, you won’t have to for several reasons. Your insurance will probably waive the deductible if the defense insurance admits liability and agrees to repay them. In addition, your deductible can be reimbursed to you in a short period of time even if you must pay it once the defense repays your insurance company. The experience dealing with your own insurance on the property damage will be like being on a vacation compared to the back and forth agony of dealing with the defense company.

At the Edelman Law Firm we assist people to negotiate getting their car fixed  and do not take any additional fee for that help.  We only take a fee from the personal injury recovery. Call us if you have any questions at 314-631-6777.