Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

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.

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 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.

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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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. 

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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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.

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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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.

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 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.

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 happy to answer any questions that people have about Illinois injury cases.  Three 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.

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v     Overview on Carpal Tunnel Syndrome From the Perspective of a Workers' Compensation Attorney

v     What Happens in a Typical Work Injury Case?

v     Elbow Injuries in Workers' Compensation Cases

v     Arthritis and the Wear of Cartilage

v     Anterior Cruciate Ligament (ACL) & Medial Collateral Ligament (MCL)

v     Overview of Shoulder Injuries

v     Reflex Sympathetic Systrophy (RSD) Or Complex Regional Pain Syndrome (CPRS)

v     Everything You Need to Know About Workers Compensation

v     Spinal Cord Injuries and Workers Compensation

v     DuPage Workers' Compensation - Wheaton Industrial Commission

As a FYI, here are some articles that we have written.

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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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.

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The answer is if it results from a spinal fusion that happened as a result of an Illinois workers' compensation claim.  Confused?  Let us explain.

It's not uncommon for an injured worker in Illinois to have a spinal fusion.  That is a major procedure that can have many complications.  One of the complications that is well known is that a patient can sustain blockage in their intestines.  In a recent case, a worker ended up with a colostomy bag.

Bottom line, anything that stems from a work injury is covered.  If you go in for a simple hernia procedure and develop a brain injury from an anesthesia mistake, that would all be covered by workman's comp.  If you are in physical therapy for a knee injury and it gets worse, it's covered.  Anything that can be traced to the original injury should be covered.

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 lift a box on the job and feel a pain in your back, it's clear that the work activity contributed somehow to your injury.  When you lift boxes day after day and one day wake up with pain in your back shooting down your leg, it's not as clear cut that your job activities contributed to your injury.

The good news is that if your doctor will state that your job duties have played a role in your injury, you should get Illinois workers' compensation benefits.  Recently the Illinois Workers' Compensation Commission ruled that a production worker who had to turn his body left and right several times a day proved that his herniated disc in his back was work related.

If you suspect a repetitive trauma injury we suggest three things:

1. Give your doctor a very detailed description of your job duties.

2. Make sure that you ask the doctor if your job played any role (e.g. aggravated or accelerated) in your injury.

3. Advise your employer of your problem, in writing, as soon as you suspect that your job played a role in your problem.

None of this guarantees a result, but with a good medical opinion and a legitimate injury from repetitive activity you can usually prove your 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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This question was just raised to us by the co-worker of a young man (22) that died in a job related accident.  This unfortunate young man was not married and had no kids.  He also did not have anyone that was financially dependent upon him.  He is survived by two parents and a sibling.

In this case, because no third party was responsible for the death, the only benefits that are available are payments of his medical bills and payment for his funeral (up to $8,000).  Under Illinois workers' compensation law, when there is a wrongful death on the job, you can't sue your employer for negligence.  If there are dependents or a spouse they will receive death benefits that pay a minimum of $500,000.00.  If no spouse or dependents then there is nothing that we can do for the family.

When we get these calls we look at every possible angle to see if someone can be held responsible so please don't read this post (or any other on the site) and draw a firm conclusion about your 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 get calls all of the time from people who are hurt on the job, getting benefits, but don't want to formally file their case because they don't want to "rock the boat."

We get it and if we didn't know anything about Illinois workers' compensation laws we might feel the same way.  But by not rocking the boat you might be risking your case.

We say that because if you don't file your case and something else happens - aggravation of the injury at home, aggravation of the injury on a new job - then all of the sudden you will have an insurance company fighting your case.  Now if you have a real new injury that would happen anyway, but if it's just a temporary aggravation or a problem that reflects how injured you already are then if you don't have a case on file you could be screwing yourself.

No attorney we are affiliated with ever rocks the boat with the employer unless our client wants us to.  Otherwise we only deal with the insurance company and make sure that the law is followed for our client's benefits.

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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(http://www.iwcc.il.gov/coverage.htm) or contact the Commission (inscompquestions.wcc@illinois.gov; toll-free 866/352-3033).

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.

It speaks for itself.  We think it's great.

Employer closed down for failure to obtain WC insurance

For the first time, an Illinois business has been shut down for failure to obtain workers¹ compensation insurance. The Illinois Workers¹ Compensation Commission and the City of Evanston shut down All Good Dogs Pet Care, also known as The Hungry Pup, an Evanston storefront at 941 Chicago Avenue, with dog-walkers in six suburbs.

Four individuals have filed workers¹ compensation claims against the company. Two individuals have been found eligible for workers¹ compensation, but the employer has not paid any benefits.

³We gave the employer every opportunity to comply with the law,² said Jan Eisbart, manager of the IWCC Insurance Compliance Division. ³All they had to do was get insurance and they have not complied. They did not respond to our letters or even appear at the hearing. They forced our hand.²

Eisbart takes this occasion to remind all employers of their obligation to purchase workers¹ compensation insurance. Employers may be fined up to $500 for each day without insurance, with a minimum fine of $10,000. Corporate officers may be held personally liable and/or sent to prison.

In 2005, the legislature strengthened the law by giving the Commission the authority to issue a work-stop order on an employer that has been found to knowingly fail to carry insurance.

Anyone may check an employer¹s insurance coverage on the IWCC website

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The Illinois Appellate Court recently ruled in favor of a Circuit City employee who hurt his shoulder in an incident with a vending machine.  The worker in this case was helping a co-worker who put money in the machine and had a bag of chips stuck in the machine.  To help the co-worker out he jarred the machine injuring his shoulder.

Now nothing about his job had to do with jarring the vending machine that was made available to both employees and the public.  But the court held that it is reasonably foreseeable that a worker would help a co-worker in this type of situation.  As a result Circuit City is on the hook for all of his lost time, medical bills and the permanent nature of his disability.  If he isn't released to full duty work, the insurance company with have to offer vocational rehabilitation because as you likely know, Circuit City is out of business.

Our take is that the Courts in Illinois aren't going to punish workers that get hurt while trying to help out.  In fact the Appellate Court even cited the Good Samaritan Law as why this worker should get benefits.

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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