Charles Candiano

• Free Consultation
  You and I will discuss your claim until I am satisfied that I can help and your questions are answered, WITHOUT cost or obligation.
• Contingent Fees
  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. Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

March 10, 2025

A: Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained significant injuries that merit payment beyond the policy limits, you can file and under insurance claim with the commercial carrier that covers your work vehicle which probably carries at least $1,000,000 in personal injury coverage. You could certainly argue that your injuries should also be considered work injuries and thereby covered under the Indiana Worker's Compensation Act. You would pursue this if you were badly injured because it would provide you with weekly income during the time that you were unable to do your job. Whenever you have a Worker's Compensation claim and a third-party claim (as in this hypothetical), you are obligated to repay everything that the Workers' Compensation insurance paid before you can accept any money From the auto insurance so there is no "double recovery." The amount that you repay is reduced to compensate you for legal expenses incurred.

If you or anyone who you know is ever in the situation that you describe, they really need to seek representation by an attorney who is experienced in both personal injury litigation and Worker's Compensation law. Good luck. ... Read More

Q. Can I sue after signing a law and injury form with State Farm and my car was totaled?

March 10, 2025

A: There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must execute a release. It would be foolish to sign a release before you knew the terms of your agreement. Typically, the property damage claim is settled long before the personal injury claim. In settling a property damage claim, no insurance company is obligated to pay you any more than the fair market value of the vehicle (the price that a willing buyer will pay to a willing seller). Most people Who finance a car owe more than the fair market value. That is why you purchase GAP insurance. If you owe $10,000 on a car that is totaled but it is only worth $6000, your gap insurance pays the additional $4000.

You need to clarify exactly what you signed. If you signed any release in exchange for money, that portion of your claim is closed. If you are talking about something else, please repost with more details. If you were not the at fault driver, any personal injury attorney should be more than happy to provide you with an initial consult, free of charge or obligation. Good luck. ... Read More

Q. Why contempt court for unreported child support instead of garnishing benefits?

March 9, 2025

A: When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to advise the WC carrier to deduct the funds from the WC benefits. There is NOTHING for either party to "report." I assume that the employer is the object of the contempt Hearing. I cannot tell you anymore from my perspective as a WC attorney. You may wish to repost this under Family Law or simply ask your attorney.

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