Charles Candiano

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  You and I will discuss your claim until I am satisfied that I can help and your questions are answered, WITHOUT cost or obligation.
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  Our fee on Personal Injury cases is 1/3 of the recovery and costs. Our fee on Workers' Compensation cases is set by statute at 20% of Settlement or Award and costs

Illinois

Since 1995

Indiana

Since 1996

Federal Circuit

Since 1995

Owner

Candiano Law Office

2013 - Current

Trial Attorney

The Margolis Firm, PC

2004 - 2013

Trial Attorney

Margolis & Velasco

2001 - 2004

Trial Attorney

Rusin, Patton, Maciorowski & Friedman

2000 - 2001

Deputy Prosecuting Attorney

Office of the Prosecuting Attorney, Lake County Indiana

1996 - 1999

The John Marshall Law School

J.D. (1995)

Chicago Bar Association

Chair Professional Fees Committee

2017 - Current

Indiana State Bar

Member

2006 - Current

Illinois Trial Lawyers Association

2001 - Current

Q. Can I claim against my employer for delaying treatment and causing further injury in Indiana?

May 19, 2025

A: When an employee is injured, in Indiana, the employer must prepare a "First Report of Injury" form and send it to their insurance company within 7 days of the incident. The insurance company then has 7 days to send the form to the Indiana Workers' Compensation Board. The report must reach the Board within 14 days of the incident or the employer is subject to civil penalties up to $20,000 and can be cited for a Class C Misdemeanor. All of which is to say that there are laws in place to hold the employer accountable for timely reporting, but YOU would not have a cause of action against your employer.

When applicable, workers' compensation is the sole remedy. You could have and should have taken action long before 18 months passed. You could have hired an attorney or you could have contacted an ombudsman at the Indiana Workers' Compensation Board. Your employer is liable for the FULL extent of your injury, including the exacerbation resulting from the delayed care. Unfortunately, Indiana law does not recognize a wage differential claim if you are unable to return to your prior profession, so the only means of compensating you is through the PPI rating that is assigned by your orthopedic surgeon. If you are released with restrictions that prevent you from resuming your prior occupation, it is imperative that you tell the doctor, as he/she would have no other way of knowing. Good luck. ... Read More

Q. Can federal court ignore citation from Mississippi Supreme Court in a wrongful death case?

May 13, 2025

A: Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting jurisdiction. You cannot appeal to the US Supreme Court. If you decided to make an interlocutory appeal, you would make it to the Seventh Circuit federal appellate Court. Writing an appellate brief Is a great deal of work in the Court's clerk will not hesitate to reject your brief for any failure to follow the formatting rules which are quite exact. If this is important to you, hire an attorney. If this is not important to you, abandon it now. Even if you are able to complete the brief in the proper format, recognize that you're going to spend at least $300 just to copy it with the appropriate color cover sheets and binding. This absolutely is not a DIY project.

Beyond the technical difficulties, why on earth do you want to be in federal Court? Federal courts notoriously disfavor personal injury actions. I have never seen anyone other than an insurance company seek to remove a claim from state Court to federal Court. Insurance companies only do it because they believe that federal courts will be more conservative (read give the Plaintiff less money). No wrongful death plaintiffs want to be in federal Court. ... Read More

Q. How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?

May 9, 2025

A: First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of marijuana. It may be beneficial to consult with a legal professional experienced in Illinois condominium law to understand your rights and obligations fully. Your question really doesn't fall into the category of personal injury. You may wish to repost it under property law. I hope this helps to explain your situation. I would strongly urge you not to escalate matters or to unnecessarily involve the courts by seeking a restraining order that will almost certainly be denied when you have a hearing. Again, your best advice is to consult an attorney who is experienced in Illinois condominium law. Good luck. ... Read More

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