Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Here are five recent examples from people who have asked us if they have work injury:

I am a teacher and we were allowed to bring in food for the last day of school.  I ordered pizza and when I went to the front of the school to get it, I tripped (couldn't see where I was going b/c of the pizza) and broke my ankle.  The insurance company says that since I wasn't required to get pizza and it's not a part of teaching that I don't have a case.  We think it is likely a case since the school was aware that it was happening and we believe that the school benefits from these parties taking place.

I am a pizza delivery driver.  I made a delivery to a party and since I new the kids having a party I ended up having a bunch of drinks.  I crashed the car on my way back to work and got a DUI, plus a concussion from when my head hit the window.  Do I have a case?  Even though you were driving for work, we think the act of getting drunk ends the chances of a winning case.

I went to the company Christmas party and while dancing I slipped and hurt my knee.  Assuming that it was not mandatory for you to attend the party, typically injuries sustained at work parties are not covered.

I was at a conference in Vegas.  After the conference we went to dinner and then dancing.  I didn't drink anything, but some drunk guy plowed in to me causing me to fall and hurt my knee.  This on the other hand is a case because the worker was a traveling employee, not intoxicated and it's reasonably foreseeable that a traveling employee in Vegas would go dancing at a club.  There is now way she should lose this case.

I hurt my back in April of 2008.  I returned to work, but was still seeking treatment for a herniated disc.  On my way to work in October I was in a car accident and ended up with back surgery.  The insurance company says this was an intervening accident and cut off my benefits.  We think the insurance company is wrong and there was a case almost exactly similar to that which supports our belief.  Even though there was an intervening accident, he was still under treatment and his doctor felt that his back was deconditioned.  This problem traces itself back to the original injury.  We think he will be able to secure benefits.  FYI, the fact that he was driving to work means nothing unless he was driving to a work meeting.

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 reviewed the medical records of a woman who hurt her back on the job, ended up having a back fusion surgery, but never had hired an attorney because she is "not the suing type."  She also agreed to put all of her medical bills through her husband's group insurance.

Aside from the fact that a workers' compensation claim is not a lawsuit, it's a claim for benefits, what this lady did is a huge mistake.  Here is why:

1. Following her fusion, her doctor eventually ordered physical therapy.  The insurance company has a policy that you can only receive 12 weeks of physical therapy.  This woman made great progress in her therapy, but needed about six more weeks of work per the doctor.  Request denied.  Had she pursued workers' compensation benefits, she could have received treatment as long as it was reasonable and necessary.  She instead was forced to try to give herself therapy at home and at a gym and wouldn't you know it, she re-injured her back and may need a new surgery.

2. If the group insurance company finds out that she really hurt herself on the job, they will cut off any future payments until they have either been reimbursed or you pay an equal amount on your own.  In other words, if you get hurt and they pay $10,000 worth of bills, if they realize that was a mistake they can either sue you for $10,000 or tell you that the next $10,000 of care is not covered.  So imagine not being able to work and now your kid needs to have his appendix removed, but you have to pay for it yourself.  Think that might create some stress?  Had she just done the right thing and applied for benefits, 100% of her bills for the back injury would have been covered with no co-pays or out of pocket expenses.

3. The real kicker is that on advice of her boss who is "also a Christian and believes as I do that you shouldn't sue anyone", she instead lied to her doctor and said she got hurt at home.  That might help her avoid a lawsuit from her own insurance company, but since the boss now insists that she never reported a work accident and because her own statements support that, there is almost no chance of winning a workers' compensation claim.  Can someone please explain to me how it's not "Christian" to seek out benefits if you are hurt on the job, but it is "Christian" to tell an employee to lie about it and then take actions that deny them medical care.

We say it over and over, but we'll say it again.  No matter who you are, if you tell the truth then things will work out fine.  When you lie, exaggerate or say what you think you are supposed to say, that's when you get in trouble.

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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In Illinois, injured workers can receive workers compensation benefits for a variety of injuries. By calling our office, you can speak directly with an experienced Illinois workers compensation lawyer to discuss whether you can receive benefits for any particular injury. Below are some examples.

1

Repetitive Trauma

Workers can recover benefits for injuries that result from repetitive movements when those movements are required for the completion of work related tasks. One of the most common types of repetitive trauma injuries is carpal tunnel syndrome, which usually results from constant computer use. Additionally, repetitive hammering with a heavy tool over time can eventually result in repetitive trauma injuries to the arms. Even standing for prolonged periods of time can constitute repetitive trauma to the legs if the standing is required to perform a job related task.

2

Traumatic Physical Injuries

An employee can receive benefits for a traumatic physical injury if it occurs while performing a specific work related activity. For example, when a worker falls off of a ladder and breaks a leg, that worker can receive benefits because the injury occurred simultaneously by a specific work related incident. Likewise, a worker can recover workers compensation benefits for hyper extending his or her arm while reaching up to restock a shelf at work. Work related traumatic physical injuries represent the most common claim in Illinois workers compensation law.

3

Occupational Diseases

When workers are diagnosed with diseases that result from exposure to elements at work that they ordinarily wouldn’t have exposure to outside of work, they can recover workers compensation benefits. For example, a coal miner can sue for a lung disease that is caused by inhaling coal dust at work.

4

Mental Injuries

Workers can receive benefits for mental injuries that arise out of employment. There are two types of mental injures, those that arise out of emotional strain and those that arise out of physical injuries. An example of a mental injury that arises out of a physical injury is when a worker is hit on the head with a piece of equipment and suffers memory loss. An example of a mental injury that arises out of emotional strain is when an employee witnesses a hand amputation at work and suffers insomnia as a result of witnessing the event.

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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People are always asking us what they can get if they are injured on the job in Illinois.  Here is an overview of the available benefits:1

Medical

In Illinois, your medical bills are covered 100%. You should not have to pay any deductibles or co-pays for any treatment that is reasonable and related to your work injury.  That said, you can't go from doctor to doctor to doctor.  You are entitled to two sets of opinions.

2

TTD - Temporary Total Disability

When you are unable to work temporarily, or if you injuries prevent you from performing your full duties and your employer can't find other work for you in the meantime, you are entitled to temporary total disability payments. The amount paid is 2/3 of your average weekly wage for the 52 weeks prior to your injury. The payments are tax-free and there is a weekly maximum and minimum. Payments continue for the duration of your disability (or until your injuries are determined to be permanent).

3

PPD - Permanent Partial Disability

If your injury is permanent, you can receive payments for the nature of your injury. The amount is 60% of your average weekly wage. These benefits can happen after your doctor has released you from his or her care and determined that you are at "maximum medical improvement." A lawyer can get you a settlement or you can get his benefit by going to trial and keeping your medical rights open.  Every case is different and there is no way to say what a case is truly worth without reviewing your medical records.

4

PTD - Permanent Total Disability

If you are permanently and completely disabled, and cannot return to any job, you are entitled to permanent total disability benefits. The amount paid is 2/3 of your average weekly wage, subject to a weekly minimum and maximum. The payments last conceivably for the rest of your life.

5

Death Benefits

An employee's surviving spouse and children are entitled to benefits based on a percentage of the employee's wages. A burial allowance of $8,000 is also available. Under changes to the Illinois Workers' Compensation Act in 2006, the minimum payout is $500,000.

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 was passed on from another workers' compensation lawyer we know:

So I was watching a trial the other day and thought of you.  The petitioner's attorney had what seemed to be a great case.  Operated ACL injury with a disputed TTD period and a question as to whether or not there was an intervening accident that made it worse.  Client missed about two months from work for which he wasn't paid.  His lawyer made an opening statement asking for the TTD benefits, but not once did he ask his client if he actually missed any time from work.  We all know the system favors injured workers, but this was the most lazy, unprepared lawyering I've seen in a while.  Even if the medical records say he was authorized off work, how can you not actually ask your client if they missed work?  The guy was a white collar worker with a good wage so this will probably cost him around $8,000.

We have never finished a trial in which we didn't look back and think that there was a question we wish we would have asked.  But we've never looked back and forgotten to ask a material question like "did you miss any time from work?"

There are a lot of great workers' compensation attorneys in Illinois.  Most are really prepared before they go to trial.  But there are some that don't go over testimony with their client ahead of time, are always shuffling through papers during the trial and give you the impression that they haven't actually reviewed their client's medical records.

If you are going through an Illinois workers' compensation trial, if your attorney doesn't ask to review your testimony ahead of time, consider it a very bad sign.

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 prospective client asked that the other day.  I tried to give an honest answer and explain why that isn't possible, but apparently he was hell bent on this being the number one factor in hiring an attorney.  So hopefully I can explain to you why this is an impossible request.

We haven't represented someone in years who didn't receive compensation.  That is because we only take legitimate cases.  Does that mean that we won all of those cases?  I don't think so because most of them settled and for the ones we did take to trial, we didn't always win every issue.  In other words, if we went to trial and got you paid for all of the time you missed from work, had all of your bills paid, but the Judge ordered compensation for you of $50,000.00 when we asked for $60,000.00 would that be considered a win or a loss?

In a similar manner, we represented someone whose stated goal was to receive an offer of $150,000.00.  We got him $125,000.00 and his wife told him to take it and avoid a trial.  Is that a win or a loss?

Another client got benefits after months of wrangling, but really suffered for six months while we took depositions and the Judge took months to bring his decision.  Is that a win or is it a loss because our client suffered?

There is one attorney in town that brags he has gotten compensation for 98% of his clients.  But that includes all of the cases that he settles for $500 or some other nuisance figure.  Is that a win?

We can tell you that we make goals with our clients, give honest opinions and lose sleep when we are not successful or our clients are suffering.   We do whatever we can to win in a timely fashion.  The only way we measure a case as a win is by a smile on the face of our client or a past client who refers a friend by telling them what a good job we did.  But if you want a scorecard like they have in baseball unfortunately we can' t give that to you.

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 received a call a while back from a nurse at a Chicago area hospital.  She had developed a C-diff infection and was looking for a lawyer.  C-diff, like many infections, can be life threatening and is known to cause major colon damage.

The question for this nurse or anyone that thinks their infection is job related is how do you actually prove that you picked it up on the job?

Like any other case where you don't have a specific injury (e.g. back pops while lifting a box), you need your testimony about your job activities and an opinion from your doctor that your job contributed to the condition.

In the case of the nurse, she knew that there were patients on her floor that had C-diff, but because of confidentiality rules, she couldn't get those records.  We were able to achieve success for her because her independent knowledge, along with the fact that she had no other reliable contributing factors, caused an infectious disease doctor to state that more likely than not her work as a nurse played a role in her getting C-diff.

Whether you get C-diff, MRSA, or any other infection, it is your burden to show that it's work related in some way.  By properly explaining your situation to your doctor you can usually succeed in obtaining benefits when the evidence is on your side.

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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In a recent Chicago Tribune article, it was noted that a Judge in Indiana ordered an insurance company to pay for lap-band surgery for a 340 pound injured worker.  It was the doctor's opinion that before back surgery took place the worker needed to lose a lot of weight in order for it to be successful.  The worker was 340 pounds when hired, but the doctor and Judge felt that the work injury made the weight situation worse.

I have researched this issue and as far as I can tell, a similar case has never been decided in Illinois.  It came up on a case I handled a few years ago, but my client decided not to pursue it because he had an $800,000 offer to settle and was going to take $25,000 of that money to get his surgery. 

The reason this issue probably hasn't come up in the past in Illinois is the same reason my client didn't pursue it.  You can all but guarantee that the worker who takes this one will have a case that is going to at least the Illinois Appellate Court.  I think that an injured worker whose doctor wants them to have weight loss surgery would win their case, but it might take 3-5 years before the case is finalized.  In the meantime you might be in serious pain and without financial benefits.

Would you want to suffer for many years in order to help out future injured workers that are in the same shoes as you?  I wouldn't.  The only way that we actually see a case like this going before a Judge is if someone has health insurance that can pay for their care and in the meantime the attorney can file the court case with the expectation that by winning the health insurance company will get paid back.

Workers compensation laws in Illinois really favor the workers, but when you have a unique issue, you can win your case, but still feel like you lost because your claim was dragged out in court for years.

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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Sometimes a good deed does not get punished.

In a recent case (not handled by our office), a worker at the now closed Circuit City was walking by a vending machine and noticed that his co-worker was frustrated because she couldn't get the Fritos she had paid for from the vending machine.  Apparently management was on notice that the machine would malfunction.  The worker, being a good guy, tried to dislodge the dangling Fritos and hit his shoulder into the machine.  As you can probably guess, a shoulder injury was the result.

The employer's insurance company denied benefits stating that this injury had nothing to do with the job.  After years of court rulings, the Illinois Appellate Court recently ruled that even though the worker's job didn't involve slamming his shoulder in to a vending machine, because he was a "Good Samaritan" he should receive benefits.  In a nutshell, the Judges said that it was predictable that someone could get hurt while trying to help a co-worker.  Even though he wasn't rescuing someone in the traditional Good Samaritan sense, he wasn't goofing off.  As a result he won.

The Court also said that because the vending machine was provided for the comfort of the employees, that had the injured worker been trying to help himself he likely would have won his case too.

Every case is different so we don't suggest that you ram your arm into a vending machine if a candy is stuck.  But the reality is that if you try to shake the machine, give it a hit with your hand and then butt it with your shoulder, if you get hurt you will likely win benefits.

Finally, we can imagine if this were to happen that an employer or their insurance company would tell the worker that they are not eligible for Illinois workers' compensation benefits because the injury wasn't a part of their job duties.  It's just another lesson that you shouldn't take the word of someone who tells you that you have no case, especially if they might have a financial motivation to tell you that.

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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Not sure what it is about September, but we've received a call similar to this question three times in recent days.  There is not a crystal clear answer, but most likely there is a case.

In an odd ruling, a Court in Illinois years ago said that one factor in deciding if this is a compensable case or not is whether or not you work in a dangerous location.  In other words, if you work in a high crime neighborhood it would certainly be a case. If you work in a nice boutique in the Gold Coast it might not be a case.  To prove this we often cite crime statistics or get a police officer to testify.

The reason for this (in our opinion it's silly) law is that you have to show something about your job led to the robbery occurring.  Being in a high crime location could be one reason.  Another reason could be that it's your job to handle money and you were the one robbed.  On the other hand, if you work in a shoe store in a nice neighborhood and just see it happen then it's probably not a case.

Even if you are in a high crime area or have a gun pointed at your head, you still need to show an injury.  Sometimes robbers will beat you up.  Sometimes having a gun pointed at you or the bad experience itself will cause a psychological injury that requires counseling.  If you get counseling or need medical treatment that will show the injury you sustained.  Be warned though that all of your counseling records can be viewed by the insurance company and attorney for the employer.

Finally, two callers have asked if they could sue because no security was provided.  Illinois employers do not have an obligation to provide security, but often do.  They don't usually do this for the employees, they do it to protect their financial investment in the store, bank, etc.

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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Here are some quick responses to recent questions we have received:

1. My boss made me sign a waiver that I wouldn't bring a workers' compensation case if I got hurt on the job.  Is that enforceable?  No.

2. If I sign a severance agreement will that end my work comp case?  It won't end the case, but it might end your right to TTD benefits.  Don't sign it without consulting a lawyer first.

3. I was injured on the job and herniated a disc in my back.  I have permanent restrictions of no jack hammering, but otherwise can work.  How much is my case worth?  There is no way to answer that without seeing your medical records and getting a good understanding as to whether or not you will be able to still work for your employer.  If you can't then your accident is potentially worth much more.

4. My Uncle died on the job.   Wasn't married, no kids.  Can we bring a claim?  Other than funeral and medical expenses.

5. If I drive in a company vehicle and get in an accident is that a case?  If you were doing something for the job it would be.  If you were off work, but the vehicle has their logo and or phone number on it, that might be a case because they get a benefit from you driving around and advertising for 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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A reader sent in this good question.  The key point to remember is that workers' compensation claims are not lawsuits.  If a plumber takes $5,000 for a job and doesn't do the work, if you sue him and you file bankruptcy, that case goes away.

In Illinois workers' compensation cases, every employer has to carry work comp insurance.  If they don't it's a felony.  Even if the company goes out of business of files for bankruptcy, they still have insurance to pay on your injury.  It's possible that filing bankruptcy will cause a slight delay in your case (we may have to go in to bankruptcy court to get permission for the insurance company to pay out your case), but the filing of bankruptcy should never eliminate your case.

Some employers are self-insured.  That means that they have so much money in revenue that the state of Illinois has given them permission to not have insurance and handle their work injury cases in-house.  Some of these companies end up bankrupt as do some insurance companies.  Even in that situation your case doesn't go away. 

The State of Illinois has a department called the Illinois Insurance Guarantee Fund.  They take over when self-insured's or insurance companies go out of business.  Again there could be a slight delay to your case if this happens, but you won't lose your rights.

Finally, don't listen to an employer or anyone else that isn't looking out for you in this situation.  There aren't exceptions to what we wrote here.  It is what it is.

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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Happy Labor Day!

In response to a question from a reader, please note that every benefit you receive for workers' compensation is tax free.   Time off work payments, compensation for unpaid medical bills and any lump sum or long term payment does not need to be reported to Uncle Sam.

Sometimes people resign from their job and receive additional compensation for that through a work injury settlement.  That additional money is likely NOT tax free.

A worker can also get burned if they settle their case on a disputed basis.  Typically what will happen is the contract says "this settlement is made to purchase peace in a disputed issue."  It's very rare, but possible that the Government could say that this was not a payment for a work injury.

If you aren't sure what to do you should consult with a tax lawyer or accountant.

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 people work more than one job.  The usual situation is one full time job and one part time job.  Both of those jobs are relevant if you get in a work accident.  Here are some of the scenarios"

Let's assume your full time job is a nurse and to make extra money you work ten hours a week at a store like Home Depot.  We'll assume you make $600.00 a week as a nurse and $150.00 a week at the Home Depot.

If you hurt your back lifting a patient and file a work injury claim, the first question is what is your average weekly wage.  This is important because it helps determine what you will be paid if you can't work and how much your settlement is.  In this case, it could either be $600 or $750.

It would be $600 if your hospital employer did not know you worked a 2nd job.  It would be $750 if they did know about that job.  Their knowledge is the key thing.

Assuming they knew about the 2nd job, if you were completely authorized off of work because of an injury you would received $500 a week tax free.  If they didn't know about the 2nd job you would receive $400 a week.  If you could only work as a nurse then you'd be paid for the Home Depot time that you are missing.  If you could only work at Home Depot then you'd be paid for the nurse time that you are missing.

The two key points are that your employer knew about the 2nd job and you were employed in a 2nd job at the time of your accident.

Does this make sense?  We try to write in plain English, but we aren't sure that we made it clear.  If you have any questions 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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A Chicago man called us the other day looking to learn more about whether or not his plantar fasciitis was related to his work activities.  We won't go in to his specific facts, but here are some things to think about:

1. The plantar fascia is a medical term for the cushion from your heal to the bottom of your foot.  The older you get the more worn down it gets.  It also wears away with excessive use.

2. If you have a simple desk job it would be difficult to prove that your heal injury is related to your job unless you had a specific incident where you banged your heal against a desk or something like that.

3. Most Illinois workers' compensation cases that involve plantar fasciitis are from people that have to walk an excessive amount or have to work on un-even surfaces.  We have also seen cases where having to wear certain types of footwear like steel toed boots contributed to the problem.

4. Other common contributors to the problem are obesity and diabetes.  Remember though, even if you have those problems, if your job aggravates or accelerates your condition it should be covered.

5. Like most injuries, the most important thing to do if your heal is hurting is to see a doctor and hopefully solve the problem before it's too big.  The longer you wait the more likely surgery is going to be needed.

6. Finally, it's not uncommon for these problems to last a lifetime, even with surgery.   Many of our clients have been given permanent restrictions or forced to find a new job.  The good news is that IL work comp law protects you in that situation.

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 Illinois Workers' Compensation Commission is where all work injury cases in Illinois get filed.  The main location is in Chicago and that's where all of the paperwork gets filed along with the majority of trials.  There are hearing locations for trials on disputed cases all over the state.  Some of the locations include Rockford, Waukegan, Woodstock, Wheaton, Geneva, Joliet, Decatur, Rock Island, Peoria and Quincy (and that is only about half of them). 

These cases are not lawsuits so when you file a claim you don't pay a filing fee and you aren't assigned to a Judge.  Rather you get assigned to an Arbitrator.  Every 60 days your case comes up for a status hearing before the Arbitrator your case is assigned to.  Usually nothing happens at those hearings unless you are not receiving benefits and your lawyer files a motion on your behalf to get a trial date.  Most areas of the state have only one Arbitrator.  You are usually assigned to the Arbitrator that is closest to the place where your accident took place.

If you go to trial and don't like the result (or the insurance company doesn't like the result) you can appeal.  At that time the Workers Compensation Commission will assign your case to a panel of three Commissioners.  There are nine Commissioners for the entire State and they travel around the State hearing the different appeals.  They don't hear evidence - in other words you won't be testifying again - but do read the trial transcript, read memos written by the lawyers about the case and typically give each attorney five minutes to argue why they think the case should be decided in their favor.

Every year approximately 60,000 cases are filed with the Workers' Compensation Commission.  Given that high volume it's pretty impressive that if you want to go to trial and your lawyer is organized, you can usually get a hearing whenever you need it. 

The Commission is also responsible for investigating businesses that don't care work comp insurance as that is a felony in Illinois.  They also report to State leaders and help with investigations of work injury fraud. 

And that's about everything you could want to know about the organization that decides your fate if you are hurt on the job.

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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