Illinois wrongful death lawyers perspective: Sometimes it is better for the defendant if you die

We are injury attorneys that focuses on job accidents and make referrals to the top lawyers in Illinois for other areas of law.   A recent call brought to mind a sad reality about Illinois wrongful death laws.

The son of a worker that was crushed to death on the job called us looking for help.  Unfortunately the dad had no dependents and was divorced so under Illinois law the only thing that could be recovered from workers' compensation was payment of medical bills and the funeral bill.  Had he any dependents, the minimum payment would have been $500,000.  Had he survived, the accident likely would have cost the insurance company hundreds of thousands of dollars in medical bills and lost time.

Because a co-worker was at fault for the death, there is no one we can sue for this tragic accident.  Even if there was someone to sue, the amount that could be recovered is way less when someone dies in almost every instance.  And although he had three loving children and four grandchildren, because none of them were financially dependent upon him, the insurance company will end up paying less than $10,000 as a result of a death on the job.

Sad but true.

4 quick tips if you think you have a repetitive trauma injury

1. If your hands, back, arm or whatever is hurting is more than just an ache, get to a doctor.  Often these injuries can be cured with prompt medical care.

2. When you see your doctor make sure that you give a very detailed description of your job activities.  To win a repetitive trauma case like carpal tunnel, herniated disc, De Quervain's, etc. you need an opinion from a credible physician that your job played a role.

3. Inform your employer as soon as possible.  If you don't let your employer know about your problem in time, your case might get dismissed.

4. If you have work restrictions, follow them.

 

When you come to us after you've lost the trial it's too late

We had a really nice conversation with a very pleasant woman this morning.  She described how she got work at her job in Chicago.  She described her medical treatment and recovery.  She seemed like an ideal client with a decent case.  When we started to take the discussion further into representation she then admitted that she had actually already hired an attorney.  That lawyer went to trial and lost.  He filed an appeal and lost that too.  Now she was looking for someone for the next appeal level.

We aren't sure what the first lawyer did wrong, but the only appeals that we do are on our cases.  In fact, I doubt that there is an attorney in Illinois that would take over a case where the trial was lost.  We only get paid if we win the case and no matter how good the case might have been, once you've been to trial we can't undo any errors by your first lawyer or present any new evidence.  It's not that it's impossible to win an appeal, it's just very un-likely.

So if you are going to trial on your Illinois work injury, you better have great faith in the person representing you.  It's likely your only shot.

 

 

Illinois Workers' Compensation Commission News

Straight from the IWCC presses:

Insurance agent convicted on wc fraud

Reuben Collier, Jr., of Collier Insurance Agency in Waukegan, has pled guilty to three felony charges of theft, forgery, and workers’ compensation fraud.  He collected money from 22 north suburban businesses for workers’ compensation insurance, issued false certificates of insurance, never secured coverage, and pocketed the $400,000. For more information, go to
http://www.iwcc.il.gov/collier.pdf

To date, the Illinois Department of Insurance Fraud Unit has referred cases that led to seven convictions of claimants, and now one conviction against an insurance agent.  New indictments continue to come in.  Congratulations to the IDOI.

To report a possible case of fraud, contact Francis "Buzz" Walsh in the Workers' Compensation Investigative Unit at the Illinois Department of Insurance (francis.walsh@illinois.gov; toll-free 877/923-8648; 320 W. Washington, Springfield, IL 62786).


New MS-DRG hospital inpatient fee schedule is coming soon

Soon the Commission will post a new hospital inpatient fee schedule that uses the new MS-DRG codes.  Medicare changed its inpatient coding from the DRG (Diagnosis Related Group) to the MS-DRG (Medical Severity-Diagnosis Related Group) system, and the Commission is adapting to the change.  As provided for in our rules, the Commission shall convert the inpatient schedule no later than June 30, 2009.  

To allow some transition time, the Workers’ Compensation Medical Fee Advisory Board and the Commission ask providers and payers to cooperate and follow a July 31, 2009 effective date.  
 

Commission closed July 3

The Commission will be closed on Friday, July 3, in honor of Independence Day. 

 

5 things to know if you are go trial

With the caveat that you should listen to your attorney as they likely (hopefully) know your case very well and are (hopefully) fighting for you, to us these are five things to think about if you are going to trial and will be testifying:

1. Don't embellish or tell the Judge what you think he wants to hear.  9 times out of 10 this actually hurts your case.  The facts speak for themselves and if you embellish you give the defense attorney an opportunity to pick apart your testimony.

2. Be honest.  If you don't know the answer to a question, say you don't know.  If you don't understand a question, say you don't understand.

3. Keep your answers short.  A good attorney will ask you mostly yes and no questions.  When the defense attorney is questioning you, if you volunteer too much information your words can get twisted.  If you say something that seems bad for your case it is your lawyer's job to ask questions that will clarify what you meant.

4. Dress appropriately.  This will likely be the only time the Judge ever sees you.  You don't need to be in a suit, but the first time I saw a client that hadn't showered and was wearing a hat was the last time I ever let that happen.  Impressions matter.

5. Insist on going over the questions your lawyer will ask before the trial.  You should not be surprised by any of the questions and your attorney should not be surprised by any of the answers that you give.  That won't happen if you prepare.  Your lawyer should also help you anticipate what the other side might ask.

Bonus advice is to relax.  At the trial will likely only be two attorneys, a Judge, a court reporter and you.  Your case isn't the trial of the century and if you are honest things should go fine.  Most cases are decided by what the medical records say.  Your job is to tell the story of how you got hurt.

Cubital tunnel, the less common cousin of carpal tunnel

Someone e-mailed us yesterday because there boss told them that cubital tunnel syndrome is not covered under Illinois workers' compensation laws.  Of course that is 100% false.

Cubital tunnel syndrome is typically a repetitive trauma injury to your elbows.  We see this injury in workers that have to flex their elbows a lot, typically movers or other laborers, but also bank tellers, secretaries and anyone else doing repetitive work.  It's not as common as carpal tunnel syndrome, but it happens a lot to workers in Illinois.

Much like carpal tunnel, cubital tunnel is usually fixable with surgery and the success rate is really good.  It can also be treated with physical therapy, job modification or rest.  As a FYI, since we get asked this all the time, if you bring a workers'  compensation claim you can not be forced to have surgery.

If you have any questions about cubital tunnel please call us at (312) 346-5578 for a free consultation.

You don't get comp for injuries to and from work, unless . . .

If you are injured on your way to to work or on the way home from the job, injuries are typically not covered under Illinois workers' compensation laws.  The exception is if you are a traveling employee.

Almost any injury involving a traveling employee is covered under the Illinois work comp Act.  In other words, if you are driving to a client site and get rear-ended then you get benefits.  If you are driving to your office and get rear-ended, while you can still sue that driver, you can't get workers' compensation help.

Being paid for travel to a job site is a strong indicator that you are a traveling employee.  In a recent case, a boilermaker died on the way home from a construction site.  Evidence that he was paid for the time spent traveling showed he was a traveling employee and was enough for his estate to win the case.

FCE, IME, MMI, ???

We are happy to answer any questions that people have about Illinois injury cases.  Two questions we get asked a lot are what are the abbreviations FCE, IME and MMI?

FCE- Stands for functional capacity evaluation.  Basically it's a test that has you perform a series of activities throughout the day to determine if you need any physical restrictions before returning to your job or what capacity you can work in.  It's an objective test that measures not just ability, but also effort.  If you are found to have used a bad effort it can hurt your case.

IME- Stands for independent medical examination.  This is the insurance company's right to send you to a doctor of their choosing to see if you are really hurt, what your diagnosis is, whether or not your problem is work related, what treatment is needed or anything else that they want to ask.  It's usually a one time visit.  Many of these doctors are hired guns or almost always favor the employer.  Some are truly independent.

MMI- This means maximum medical improvement or as good as you are going to get medically speaking.  We don't consider settling a case until a client is at MMI because once you settle you can not get any more medical treatment at your employer's expense.  Sometimes you are at MMI, but still need ongoing physical therapy or a yearly exam.  Your doctor determines when MMI has taken place.

If you have questions about any of these terms just let us know.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Illinois workers' compensation articles we have written

A severance agreeement can't end an Illinois work injury case

With all of the layoffs happening these days, a lot of injured workers are taking a severance package.  Most of these severance packages say something to the effect of "In exchange for this severance you give up your right to bring any claim for anything at all against our company."

Some specifically mention workers' compensation claims.  The reality is that even if you sign that severance agreement, you don't lose your right to file an Illinois workers comp case.  Under Section 23 of the Illinois Workers' Compensation Act, only the Illinois Workers' Compensation Commission can bring a case to a close. 

To be safe we always encourage people to have their claims formally filed with the Commission.  But either way you can essentially have your cake and eat it too.   Please note that if you have any work restrictions or might in the future, we do not recommend that you take a severance without consulting an Illinois workers' comp lawyer.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.