My question involves workers compensation law for the state of: IL
Asking a question for my brother who has an injury from work that's left him unable to work.
He worked as a dishwasher and was carrying a bunch of dishes when he slipped and fell, and cut his hand in the process. It was a really bad cut that resulted in what appears to be nerve damage. He's still under a doctor's care and is going to physical therapy but doesn't appear to be getting better. He's getting Worker's Compensation right now, but now his employer (now a former employer) wants him to have an independent examination with a doctor of their choice. With the medical costs no doubt being in the hundreds of thousands of dollars at this point, I could see how the employer's insurance would have incentive to deny the Worker's Comp. claim.
The lawyer my brother is working with has advised my brother not to answer any legal or medical questions and not to exaggerate, but simply tell the truth without offering any extra information. It sounds to me like it's no different than being questioned by the police or a prosecuting attorney in court, but without an attorney of your own to protect you. I originally advised my brother to turn on a voice recorder app on his phone to record what happens and what is asked, but now I've discovered that it may be illegal to do that. I've had a Worker's Comp. experience where I was called on the phone by a Worker's Comp. representative and they asked me all kinds of irrelevant information, such as about distant relatives and their medical history. My uncle told me about a similar experience. He said he got mad at them for it, and then they denied his claim, saying he was uncooperative. A recording of what was being asked would have come in handy. With a claim as large as my brother's, they would have a real incentive to try to get out of honoring it.
I've heard that my brother can have someone accompany him and take notes, but notes don't prove anything. Anyone can write down a note of what was said, and it doesn't prove that it's true. An audio recording would seem to be more solid as evidence. Is it really illegal?