Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

If we found out a client of ours was lying, we'd withdraw from their case.  Fortunately we are pretty good at screening our clients and that has only happened once.  We were asked to provide an overview on work comp fraud in Illinois for a lecture and here is what we wrote.

Crime & Punishment in the Illinois Workers' Compensation Act

In February of 2006, the Illinois Workers’ Compensation Act was amended to include investigations of fraudulent work injury filings by a new Fraud Prevention Unit. Below is more detailed information about this new amendment to the Illinois Workers’ Compensation Act.

Fraud: A person commits fraud when he or she intentionally induces another to rely on a pervasion of the truth and surrender a legal right or thing of value.

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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Seven+ years ago football player Korey Stringer died from heat related problems while practicing with the Minnesota Vikings.  ESPN just reported that the case against the NFL was settled.

While his widow likely received a workers' compensation death benefit, like many of the cases that we deal with, there were also "third party" lawsuits that were filed.  That means that the widow sued alleging negligence against someone other than the employer for causing the death.  We do this all of the time, usually when a client of ours is hurt in a car accident or construction injury that was someone elses fault.  You can't sue your employer for negligence, but the rest of the world is fair game.

What is telling about the Stringer case is that when it was first filed her attorneys asked for $100 million.  Now no one is saying what the case settled for, but it's clear that it wasn't anywhere near that figure.  Mrs. Stringer herself even admitted in the article that the huge demand was to get the attention of the responsible parties and make changes into how they deal with practicing in the heat.

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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The amount you get paid for your time off of work (TTD benefits) and the amount your case is worth (PPD) benefits is determined from a formula based on your average weekly wage prior to the injury. 

These rates are subject to maximum earnings - the TTD rate is 2/3 of your wage, but if a pro athlete or millionaire businessman got hurt they wouldn't get that much, most people are not affected.  The new maximum TTD rate in Illinois is $1,231.41.  The new maximum PPD rate is $643.82.

These were the smallest Illinois workers' compensation benefit increases in years and reflect our poor economy.  That said, an Illinois work injury is worth more than any other state so all things considered no one should be complaining.

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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One of the common mistakes people make is assuming that just because they were at work when they got hurt they have a good case.  You still need to show that your injury is work related and that something about your job put you at an increased risk for injury.

This rule is best demonstrated by someone who gets a spider bite on the job.  While most bites are relatively harmless, some spider bites can poison you or create severe health problems.  If you are bit by a spider and sustain an injury it is likely not a case because you could get bitten by a spider anywhere.  In other words, nothing about your job puts you at an increased risk for getting bitten.

On the other hand, if you work in an area where you have to roam through brush and get a spider bite (as compared to sitting at a desk, working in a factory, etc.) or bitten by tics, it is arguable that your job did increase your risk of getting bitten.

Almost every office worker we have seen with an insect bite case has lost.  Almost every case where a worker was out in a field or had a job where they could prove more exposure to bugs than the average person has won.

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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There are some work injuries that are so significant that they require home care.  We have had cases where our clients have been awarded benefits that included a nurse coming into the home to provide treatment.  Some examples of what they do are change bandages, provide physical therapy, cook meals and generally take care of a person who can no longer do so for themselves.

In some matters it makes sense for a family member to provide this service.  I know that if I was hurt to the point where I needed assistance going to the bathroom or taking a shower I would be more comfortable with my wife handling those duties, especially if this help was needed in the middle of the night.

Under Illinois Workers' Compensation Law, if a family member has to take care of a disabled worker they may be entitled to pay for this time.  The law isn't clear-cut on how much they will get paid and it often depends on how much skill you have as a care taker.  In other words, a licensed nurse can expect to be paid like a nurse.  If you don't have that license you wouldn't get paid as much even if you were doing the same work a nurse would do.

We know this is confusing so if you have questions about compensation for a family member who has to take care of an injured worker just call us at (312) 346-5578.  Please note, it usually is a benefit that is only available to the family members of those who are severely injured.

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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One of the first things that we tell our clients when they contact us to pursue an Illinois workers' compensation case is to be bluntly honest with us and 100% truthful with your physicians.  We can best help you if you do this and besides, we are big believers in karma and it's just the right thing to do.

If we discover that a client is lying to us or their doctors we drop their case.  No exceptions.  Fortunately, it has been years since we have had to do that as we only take on cases we believe in and we are very up front with our expectations of our clients.

Some people tend to exaggerate their injuries thinking that this will help them, especially when they don't think their doctor is listening to them.  Let us be 100% clear.  DON'T DO THIS.  Again, it's not right and it will hurt your case.

In a recent decision from the Illinois Workers' Compensation Commission (not a case we handled) an injured worker was given lower benefits because it was found that on a functional capacity examination that they were over-stating what their injuries were.  A functional capacity

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Proving that a heart attack is work related is one of the most challenging cases we can undertake as attorneys.  A case like that is the basis of how our office is set up in that who we recommend to handle your case depends on the type of injury that you sustain.

Like any other injury, we must prove that our client's heart attack was caused, aggravated or accelerated by their job activities.  We've seen cases where a heart attack occurred at home and the worker won and cases where the heart attack occurred at a desk and the worker lost.  Often these workers have significant aggravating factors like obesity, heart disease in the family history, smoking or old age.

What we do is make sure that your cardiologist has a clear understanding of your job duties are and how they contributed to your injury.  If you were working in extreme heat or cold, working unusually long hours, doing heavy lifting or inhaling fumes that is important for your doctor to know.  Knowing the process and properly communicating with your doctor is often the difference between winning and losing a case.

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 were called by a cashier who has a foot injury that she and her doctor felt was caused by her being on her feet all day at work.  Unfortunately for her, this is one of the times that the Illinois Workers' Compensation law is not in favor of the worker.

The simple act of standing is not seen to put you at an "increased risk" to the general public.  Unlike someone who is on there feet and walks a few miles at work, most people stand throughout the day.  Because of that you likely will not win a case if your claim of repetitive trauma is because you have to stand all day.

There are many exceptions to this rule such as if you have to stand on uneven ground, where tight fitting shoes (e.g. steel toed boots), do excessive walking or go up and down stairs a lot.

Since every case is different if you want a free analysis from our office simply call us at (312) 346-5578.

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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While at court the other day, one of our attorneys overheard another Illinois workers' compensation lawyer (not part of our office) say something shocking.  The lawyer told his client that it would be illegal to apply for social security benefits while getting workers' compensation.

It is true that a client who is getting both social security benefits and work injury benefits causes more for work for us as lawyers, it is certainly NOT illegal to get both at the same time and it puts more money in the hands of our clients. 

Now we don't know if the lawyer we overheard was lazy, mis-informed or just a liar, but it was pretty shocking as none of his possible excuses would be justifiable in our mind.  This is the danger of hiring an attorney who doesn't solely handle work injury cases and isn't an advocate for their clients.

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 just got a call from a woman whose husband hurt his back on the job.  He has been told that he has to treat with the doctor that his company has chosen and pay a co-pay.

In this economy he and many others are worried about losing their jobs.  That said, there is nothing more important than your health and by not having an independent doctor looking out for you, you run the risk of making a bad situation worse.

The law is clear:

1.  You choose your doctor.

2. No co-pays, no out of pocket expenses.

3. Your employer or their representatives can not talk to your doctor other than to ask for a copy of your records.

The laws are there to protect you.  Make sure you enforce your rights.

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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