Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Hopefully your company still has a holiday party.  Most of these events are volunteer occasions which means that there is no punishment if you don't attend, at least not one that is publicized.

If you are at the office party this year and slip on a wet floor twisting your knee or sustain any other injury it is only compensable under Illinois workers' compensation laws if it was mandatory that you be there.  Otherwise you have no case.

It's mandatory if there is some repercussion for not attending.  Plainly speaking that means if you are threatened with losing your job, forced to take a vacation day, not given a bonus because you didn't show up or clearly denied a promotion.  You have to have some sort of proof, not just a feeling that it's good office politics to attend.

Two things to think about:

1. If you were injured at an office party, but were there to entertain clients then you might be covered if you get hurt because that can be seen as an act of your job.

2. If you get hurt because of someones negligence you may have a personal injury lawsuit.  Usually you can't sue your employer for negligence, but this is one time when you might be able to.  And of course, if the restaurant where you got hurt caused your injury you could sue them too.

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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When you have an injury that is covered under Illinois Workers' Compensation Law, your employer must pay for all medical treatment that is reasonable and related to your medical condition.  Well, what does that mean?

Reasonable:  This means that it is prescribed by a doctor and is medically accepted by most doctors to be a treatment that makes sense.  In other words, if you hurt your neck and buy yourself a pillow because it helps you sleep at night, we likely can't get the insurance company to pay for it.  On the other hand, if your doctor says that you need that pillow and writes a prescription for it then we can get you reimbursed.  We have secured gym memberships for our clients as well when their doctors felt working out would promote a recovery. 

Related: It has to be related to your work injury.  You may hurt your back at work and herniate a disc.  The doctor you see for that injury may also be giving you medical treatment for a knee injury from playing basketball or some other reason.  Some of these doctors carelessly bundle their bills and don't distinguish what is related to the work injury and what isn't.  We can only get bills that are part of the reasonable work injury treatment paid.

When your medical treatment is reasonable and related to your injury we usually get 100% of the bills paid with no co-pays or out of pocket expenses for our client.

If you have paid for anything out of pocket make sure to keep receipts.  We will do whatever we can to get you reimbursed ASAP.

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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We recently were called by someone who needed a Rockford carpal tunnel lawyer.  He was concerned because he has been laid off and his employer wants him to sign a severance agreement that states he will forfeit the right to pursue Illinois workers' compensation benefits or any action at the Illinois Worker's Compensation Commission.

We told him to sign the document because according to Section 23 of the Illinois Workers' Compensation Act, only an approved settlement contract from an Arbitrator can cause someone to give up their work injury rights.   Since this severance was not being entered into at the Illinois Workers' Compensation Commission, we do not believe that any rights will be lost for him.

All that said, if you are offered a severance agreement and might have a work injury or any other right under Illinois or Federal law, it is extremely important that you have an attorney review that document as failure to do so could cause you to lose some rights forever.

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 lot of unions in Illinois try to steer their clients to a particular attorney to represent them when they are hurt.  Unfortunately, they don't always do this because they think that is the best attorney for their union member.  Rather, it's often because that lawyer or his firm has provided a kickback or other incentive.  If you don't believe that, ask your lawyer how many times he has taken the union steward to a Bulls, Cubs, Sox or Bears game.  It shouldn't happen, but the reality is that it does.

The good news is that you can hire anyone that you want to help you secure the maximum benefits available to you and you should do that.  It doesn't cost you any more money to hire the right attorney and certainly there is only one person you should be looking out for; YOU.

The way our firm works is we have a network of aggressive lawyers throughout the state that have a niche with different types of work injuries.  In other words, if you are in Chicago and have a carpal tunnel case, there is a lawyer we work with that has handled hundreds of those cases.  On the other hand, if you have a heart attack on the job or a spinal fusion from a work injury, there is a different lawyer that is right for you.

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Under Illinois Workers'  Compensation Law, if you are hurt on the job your employer is supposed to complete what is called a Form 45 which details what happened.  In reality, this usually does not occur, especially at smaller companies.

Our advice is that if you are hurt on the job, do something that documents what happened.  Even if it's a simple e-mail or short note (that you should keep a copy of).  Something like this should suffice:

Hey Tom, I just wanted to confirm our conversation in which I told you I felt a pop in my back this morning when I was lifting a box.  I'm going to see my doctor on Tuesday and will let you know what he says.  Thanks, Mike.

Even if you don't end up having a big injury or decide not to pursue a case, a short note like this leaves no doubt that you were hurt on the job and notified your employer.  That eliminates 90% of the common defenses to most cases and protects you down the road.

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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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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Illinois workers' compensation cases are not lawsuits.  Employees in Illinois can typically not sue their employer for negligence.  Instead they get workers' compensation benefits and don't have to prove any fault or negligence if their injuries arose out of and in the course of their employment.   Injured workers usually can receive:

100% of their medical bills:  That means no co-pays or out of pocket expenses if the treatment is reasonable and necessary.

66% of your average weekly wage:  This is also known as TTD benefits or temporary total disability.  You get 2/3 of your average wage over the last 52 weeks.  Unlike some other benefits, there is no maximum amount of time to receive TTD.  You get it until you are back to work at your old job or can work with restrictions.

A settlement for the permanent nature of your injury:  This is known as PPD or permanent partial disability benefits.   The amount you receive for this depends on your wage and the impact of the injury on your life and how it will effect you in the future.  Lawyers determine this by looking at your medical records and comparing your situation to past cases that have been settled or decided by a Judge in Illinois.

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It is not unusual for someone to have a bad back, sore arm, stiff knee, etc.  Especially as you get older the acts of daily living can wear your body down.  Many people also have problems due to past injuries.  We have represented a lot of clients who in the past have had non-work related back surgery, rotator cuff surgery, carpal tunnel and knee injuries.  These clients came to us when something about their job caused these pre-existing problems to flare up.

Under Illinois workers' compensation law, a pre-existing condition does not bar you from receiving benefits.  If your job aggravates or accelerates a pre-existing condition you should receive Illinois work injury benefits. 

In other words, your employer takes you as they find you.  If you had back surgery last year from a fall at home and then start a new job where you do some lifting and re-injure your back, the pre-existing condition should not reduce any rights that you have under the law.

Similarly, if you tore your ACL years ago and then twist the same knee when you slip on the floor at work, that is  a new case.

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The law in Illinois is that if you were hurt in Illinois, hired in Illinois or your primary place of business is Illinois then you can file for Illinois workers' compensation benefits.  That is important to know because the benefits for injured workers are usually better in Illinois than any other state in the country, especially our neighboring states like Indiana, Wisconsin, Iowa, Kentucky and Missouri.

One thing many people don't know is that if you were physically hired in Illinois that you can pursue Illinois workers compensation benefits.  That means if you are only in Illinois one day out of your life, but that was the day the last act to hire you occurred - job offer, signed employment contract, etc. - that you can pursue benefits through the Illinois workers' compensation system.  This is true even if you are hurt in another state.

Also, if you your employment is principally located in Illinois you can file your case here.  That is a little less clear than the first two examples, but usually means that if your main office is here or the majority of your time is spent in Illinois you can file for Illinois comp benefits no matter where your injury occurred.

Finally, even if you settle your case in another state or have received benefits through another state, you are still eligible to file a claim in Illinois.  If that isn't clear please call us at (312) 346-5578 for an explanation.

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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