This question came in from a reader:

My question is can Work Comp make you see their Doctor and go by his orders on stating you can return to work light duty when my own Doctor who performed my shoulder surgery stated I am not to return to work.

That's a good question and a scenario that pops up a lot.  If the insurance company has a doctor that says you are fine, they can rely on that opinion to deny you benefits.  In other words, can they do it, yes, but you do have options.

Option 1 is to try to go back to work and see what happens.  If you give it a go and it doesn't work then all of the sudden the opinion of the company doctor isn't very credible as long as you are credible when testifying.  Of course we can understand why you wouldn't want to do that because nothing is more important than your health so why should you risk it?

Option 2 is to go to trial and pit your doc against theirs.  Injured workers win most of these battles.  But nothing is guaranteed and even if you win you might be without money for quite some time which is really like losing in the end.

Option 3 is to see if the company will work with you.  Often the insurance company tells you one thing, but the employer is a good guy that says something else.  So if your boss wants to listen to your doctor then you might be ok.

Not one option is right for everyone.  You have to decide what is best for you.

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We recently were called by an injured worker who works for a company that is based on the west coast and was injured out on the east coast.  Kind of an odd trucking outfit in that he applied for the job on-line and without an interview got offered the position by e-mail with his first assignment.  No drug screen, no conversation.  Perhaps that's how things are going to be done these days, but when I first heard about it I thought it was quite odd and perhaps a scam.

But it's a legitimate company and he sustained a legitimate tear of his ACL in his left knee.  The question was does he have a case he can bring in Illinois?

To have the right to bring an Illinois workers compensation case you need to show that the accident took place in IL (not on this one), the employment is principally based here (nope) or the contract for hire took place in Illinois.   Contract for hire is deemed to be the last act necessary for the job to be offered. 

Since our guy was physically in Illinois when the job was offered and accepted he gets to pursue Illinois workers' compensation benefits.  This is significant for two reasons.  First, our benefits are great for workers, much better than most states.  Second, if he ever has to go to trial on his case he won't have to travel thousands of miles to a hearing location where he will also have to pay for a hotel.

Moral of the story is that if your employment has any relation to Illinois you can probably bring your case here and in the least it's worth investigating.

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 question of find the right lawyer for your situation.

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In some odd coincidence, I recently had two calls within 24 hours from two people that had very similar situations.  Both had worked for a company where they did a lot of repetitive work.   Both took a leave of absence for reasons not related to a job injury.  Both said that they had problems in their hands and wrists before they left, but never told their employer.  Both finally went to a doctor around six months after the last day worked.  Both now wanted to pursue an Illinois workers' compensation claim.

Unfortunately I couldn't help either of them.  It's possible under Illinois law to file a case for an injury even when you are no longer working for your company.  It's also possible for you to bring a case if you don't go to the doctor until after you are no longer working.  In one case a worker waited two weeks before seeing their doctor.  The Illinois courts have said though that the longer you wait the harder it is to prove that a repetitive trauma injury is related to your previous job.

In these cases six months had gone by.  They might testify credibly and honestly that their hands have bothered them the whole time, but the counter to that would be "why didn't you go to the doctor and why didn't your problem get better when you were no longer working the repetitive job?"  That's a hard defense to beat and we don't think any Arbitrator would rule in their favor.  On top of that there is a possible defense if they didn't notify their employer within 45 days of when they thought they had a problem with their hands.

We don't tell people what they want to hear, but we do always tell the truth.  The truth is that these cases just aren't winners.

 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 question or find the right lawyer for your situation.

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No matter where you are located, these questions from clients would apply to your Illinois work injury case.

1. I live in Peoria, but the insurance company is sending me to see one of their doctors in Chicago.  They sent me an expense check, but how do I know how much it should be for?

Travel expenses for these doctor visits are based on how far you have to drive, round-trip.  The payment per mile is currently 55 cents per mile.

2. What does it mean when a case is "above the red line?"

That means the case has been filed at the Commission for more than three years.  After that time it must be set for trial unless there is good reason not to such as the injured worker is still receiving medical care.  Basically it's a way of preventing lazy lawyers from ignoring a case. 

3. How long does it take before the Arbitrator makes his decision following a trial?

It depends on the Arbitrator.  Some do it in a week or two.  Others take months.   One time we were in a case where the Arbitrator took almost a year.  We'd save the average time is 45 days though.

4. Once a settlement is approved when do I get paid?

There is no set time limit, but it shouldn't take more than 30 days.  On average it probably takes two weeks.

5. Do I pay taxes on my settlement?

No, that money is tax free.

6. If my case is appealed will I have to testify again?

No, appeals are handled by lawyers submitting written arguments and then appearing at a hearing where they make a verbal argument for you and answer questions.

7. Can I be fired while on workers' compensation?

Yes, but you can't be fired because you filed a claim.

 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.

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If you want to bring an Illinois workers' compensation claim you must do it within the later of three years from the accident date or two years from the last payment of compensation related to the claim.  Three years from the accident date is pretty clear except when you have a repetitive trauma injury.  The last payment of compensation can be trickier.

The exception to this rule that not everyone knows about is that last payment of benefits can also include health insurance so long as it is through the employer where you got hurt.  So if your employer has Blue Cross and you get insurance through that, if they have made payments in the last two years toward your work injury then it is likely not too late to file a case.

This also holds true if the workers comp insurance company has paid medical bills or TTD benefits within the last two years.

Of course you can avoid any statute of limitations defense by formally filing an application for adjustment of claim which is the paperwork filed at the Illinois Workers' Compensation Commission to formally notify your employer that you are bringing a case.   This is typically the first thing an attorney does for his clients.  You don't want to lose the ability to pursue a case because of a technicality.

 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.

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Testimony is given at trial in workers' compensation cases.  There are no depositions except for doctors who aren't forced to show up and testify. For many people, giving testimony is a first-time thing and it makes them very nervous. Don’t let your nerves get the best of you. Be honest, straightforward and ask your attorney to help you prepare beforehand.

Most importantly, speak carefully.

Be clear, and be concise. When you are questioned by the opposing attorney, only answer what you are asked. Do not offer extra information beyond the question (it could be used against you). Tell the truth and do not embellish. The judge will not appreciate it, and the opposing attorney can use it to make you look bad. If your attorney objects to a question, don’t answer. In fact, many attorneys advise their clients to pause briefly before starting to answer so that they have time to object if it’s appropriate. If you don’t understand the question, say so. If you don’t know the answer or don’t remember, you are allowed to say so. And take your time, especially if you’re feeling nervous.

It can be hard to remember all of this when you’re in the spotlight. This is why you should ask your attorney to practice with you (they should offer to do so anyway). They can help you anticipate the questions you’ll be asked, and explain the procedure so you feel more in control and less anxious.

You can relax. People give testimony every day. It looks dramatic on television, but it’s usually pretty low key.

 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.

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A new case was decided on Friday at the Illinois Supreme Court.  For those who are interested you can read the whole thing here:  Interstate Scaffolding v. The Workers' Compensation Commission .

The gist of the case is that the law used to be that if you were hurt on the job, but working with restrictions, if you got fired for "cause" then you didn't collect workers' compensation benefits.  Cause would be skipping work, showing up drunk, punching your boss, etc.  On the other hand if you were fired for bogus reasons then they'd still have to pay you.

The Illinois Supreme Court changed all that.  The law as it now stands says that if you are fired for cause, but have a work related injury that has not stabilized then you are entitled to TTD benefits until your condition does stabilize.

And while we are not encouraging you to do this, theoretically you could return to work on light duty, smack your boss in the face or drop your pants or get high while working and after they fired you, you'd get paid workers' compensation benefits until your condition stabilized.

This is a huge decision and if you had a crystal ball you can bet that you will see at some point a law will be introduced to overturn this decision. 

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This is just very sad.  From the Chicago Suntimes:

Swimmer drowns at indoor pool on NW Side

A man who was in the county on business dove into an indoor swimming pool at an apartment complex on the Northwest Side and apparently drowned Thursday night on the Northwest Side.

At 6:35 p.m. a 911 call after the man -- who was  identified by the Cook County Medical Examiner's Office as 25-year-old Ashish Kumar -- was found at an indoor swimming pool at the Pavilion Apartments, at 5461 N. East River Rd., police said.

Pictures from a video camera showed the pool and a man walking out of the area, leaving Kumar by himself. Then Kumar dove into the deep end of the pool which is about 8 feet deep and the video showed him struggling to swim, panicking and then sinking to the bottom of the pool, police said.

The man who was there earlier came back and called someone from the building, who called 911. 

Kumar, 25, was was pronounced dead at 7:36 p.m. at Resurrection Medical Center, according to the medical examiner's office.

Police said Kumar was here on business and was staying at a corporate residence at 5441 N. East River Rd., police said.

Police said there is not a lifeguard on duty, but warning signs are posted.

Police News Affairs Officer Hector Alfaro said police began a death investigation at 6:50 p.m.

Foul play is not suspected and Grand Central Area detectives are investigating.

Not to be insensitive, but the purpose of this blog is education.  Since Mr. Kumar was here on business and was doing a reasonably foreseeable activity, his estate would have a workers' compensation claim in Illinois.  At the least like any other death case in Illinois they would have to pay all of his medical bills and $8,000 toward funeral costs.  If he had a wife or children they would get a minimum of $500,000.00 as a death benefit, likely more given his young age.

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Let’s say your employer is based in State A, you were hired in State B, and you suffered a work injury in State C. You’re probably confused about where to file a workers’ compensation claim.

Our advice: file in Illinois if you can.

Illinois has worker-friendly laws when it comes to workers’ compensation. And you can generally file your claim here even if you haven’t been to Illinois in years. If your only connection to Illinois is that you were hired here when you first joined the company, even if it was 15 years ago, you can file your workers’ compensation claim here.

If you weren’t aware of this rule, and you filed a claim in another state, it may not be too late. If Illinois law entitles you to more benefits than you got in the other state, you can file here as well. Even if you closed your case in that other state, and even if you signed something saying that you couldn’t seek additional benefits, you can still file here. Only the Illinois Workers’ Compensation Commission can close out your Illinois work injury claim.

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

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