"I don't want to give it all to a lawyer"

We heard this from someone who ironically enough had not received workers' compensation benefits for about six months.  She hadn't yet hired an attorney because she "heard from friends" that a lawyer would just end up with everything anyway.

Attorney's fees in Illinois workers' compensation cases are capped at 20% of whatever you recover.  Even if you had a lawyer, fired them and got a new lawyer, the total fee could never be more than 20%. 

On top of that, we don't ever take a fee on medical bills that we secure for you unless we get the bills reduced for you.  In other words, if an Arbitrator awarded you $10,000 in medical payments we get a check for $10,000 for that amount to directly pay the providers.  We would only take a fee if we got the bills reduced below $10,000.  We never let our clients pay for medical treatment out of their own pocket.

We also don't take 20% of your TTD benefits unless we have to go to trial for you or perform substantial work.  If we just file a couple of trial motions or make a few calls we would rather all that money go in to your pocket.

We do get 20% of what you recover when the case is over.  If we get a $50,000.00 settlement for you, our fee would be $10,000.00.  If we recover nothing you owe nothing.  The point to remember is that most insurance companies don't offer a settlement without a lawyer on the case and when they do, the amount they provide is usually at the low end of the scale.  We have never seen a situation where a client got less because they hired us.

Most importantly, if you are seriously hurt on the job, your life as you know it is on the line so it's important that you are protected.  Work injury attorneys don't "take it all" but when they do their job they protect you and level the playing field.

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.

Permanent total disability benefits a/k/a I only made $100 a week but am being paid $441.93 for life

Illinois has a lot of strong laws on behalf of injured workers.  One of the strongest has to do with the amount you will be paid if you are permanently totally disabled (or killed) due to a job accident.

Depending on the date of your accident, there is a minimum amount that you have to be paid if you are permanently disabled.  For example, for accidents between January 15, 2008 and June 30, 2008, the minimum weekly payment is $441.93. 

In other words, let's say that you took a job 10 hours a week making $10.00 an hour.  Your weekly wage would e $100.00.  Let's also assume that one day on the job you are lifting a box, herniate a disc in your back and after medical treatment your doctor determines that there is no work in the world that you can reasonably do (or through vocational rehabilitation, an expert feels the same way).  At that point you are permanently disabled.

Before a Judge finds that you are permanently disabled, you would receive a weekly benefit of $100.00 which is the minimum TTD rate for when you got hurt.  This would continue indefinitely and the insurance company would likely be in no hurry to agree that you are unable to ever work again.

On the flip side, you would have a big motivation to get before an Arbitrator because the moment you do, the weekly benefits you are receiving would dramatically increase.  And unless your case is settled or your physical situation changes you can expect that you'd receive these benefits for the rest of your life.

Many attorneys tell their clients that if they are receiving benefits that there is no need to get in to court and sometimes that is true.  But if your weekly pay rate is low and it can be increased, your lawyer should do whatever they can to get you before a Judge.  If this is your situation, don't delay.  It literally can cost you tens of thousands of dollars if you sit back and do nothing.

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.

Wallyball!!! Recreational activity is usually not covered, but here is the exception

If you are hurt on your company premises, but it's when you are taking a break and doing something like basketball or softball it wouldn't be covered as a work related injury.  In other words, if a group gets together at lunch and plays pick up basketball at the hoop provided on company property and you tear your ACL, it's doubtful that you could make a successful claim.

A recent case created an exception to this general principle (and it's why you should always seek out an experienced workers' compensation attorney because the law is always changing).

Back in 2002, a fitness supervisor for the Elmhurst Park District was on a break when he was asked to join in a Wallbally game.  This is kind of like volleyball played on a racquetball court.  The supervisor was asked to play and agreed to because without him there would not have been enough players.

Under Section 11 of the Illinois Workers' Compensation Act, employees can't recover for injuries during recreational activity unless they were ordered to particpate.  That is what the insurance company for the Park District argued at trial.

The supervisor countered that he felt promoting the District's activities was part of his job.  He lost at trial, but the Appellate Court agreed with him and compared him to a professional athlete in that the nature of his job is to participate in recreation.

If you get hurt at the company picnic or in a workout area they provide for you, you probably won't get anything unless it is mandatory that you participate or part of your job.  But as this case shows, the law is always changing and it never hurts to ask.

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.

If your job was supposed to be one day can you get Illinois workers' compensation?

That's a good question and the answer is yes as long as you weren't truly an independent contractor.  If a guy hires you and you are clearly his employee (he controls where you go, what you do, etc.) then even if you are hurt on that one day job you are eligible for workers' compensation benefits.  This actually happens a lot with laborers and also happens in pro sports.  An example would be a guy that was signed by the Chicago Bears to play the last game of the season and blows out his knee.  Just because he was only on the roster for one game does not take away his rights.

Another good question is what pay rate should the insurance company use to pay you for the time you are off of work.  In Illinois workers' compensation, you are entitled to 2/3 of your average weekly wage, tax free for the time you are off work.  If you only work for one day then what will likely happen is that we will take your hourly rate and multiply it by a standard 40 hour work week.  So if you make $20.00 an hour for the one day of work, your average weekly wage would likely be $800.00.

Even if it was expected that you would only work for one day and then go on with your life, if you have a job injury and are released with restrictions or can't work at all, the insurance company has to pay you until you are released to a full duty job or they have a job for you.

This is a common scenario where an insurance company or employer tells a worker they have no rights.  Don't listen to them as it's not true.  The minute you start working you have the exact same rights as any other employee in Illinois.

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.

"I was hurt in Chicago and the union said I need to hire the attorney they recommended or I won't get benefits. Is that true?"

A laborer asked us this question recently.  We have been surprised by the number of union workers who are told that they "have" to hire a certain attorney.

The answer is that this is not true.  Nothing about being in a union changes how a case gets handled.  Unlike employment law agreements (e.g. how many hours a week you can work, having a hearing process for firing someone, etc.), a union agreement with an employer can't change how the law is enforced.  Some employers and unions have tried to limit the benefits that members can receive and this has been thrown out of court.

Why would a union steward tell you that you have to hire a certain attorney?  A reasonable guess is that they are getting something out of it.  We are certainly aware of law firms that regularly "entertain" union officials with golf outings, tickets to sporting events, trips and even gifts.  We've heard rumors of some firms providing illegal financial kickbacks.

Some of the attorneys the union tells you that you have to hire are outstanding and others are not.  We hear from a lot of clients that they felt the attorney was more concerned about the union boss than them as an actual injured client.

There is absolutely nothing wrong with the union telling you that they think attorney X is a good lawyer or having them suggest multiple firms for you (that happens with us by the way).  But for them to tell you that you must hire a certain law firm is false and certainly implies that they are looking out for themselves, not for you.   That simply doesn't happen in strong union organizations that really care about their members.

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.

Tuberculosis, Hep C and Illinois workers' compensation

Within the last week we have received a call from an emergency room doctor that has tuberculosis and a nurse that has hepatitis C.  They both obviously spend their work days around sick people, many of whom have contagious diseases.  The nurse has been stuck by many needles and been in surgical situations where blood was everywhere.  The ER doctor works in a low income area where people don't have health insurance and often treat the ER as if it's the family doctor because service can't be denied.

Neither can pinpoint a specific date in which they got sick and neither can 100% prove that it was their job that caused the illness.  So how do they get workers' compensation benefits and when is the accident date?

In absence of a specific accident, the accident date is when you knew or reasonably should have known that your problem might be work related.  This is likely the date you got diagnosed.  As for proving that it is work related, it's almost impossible to show for sure that the job was the cause, but you can show that it likely was and that's all you need to do.

The best way to prove a case like this is to have you credibly testify as to what you do for work and what you do out of work.  Take the nurse for example.  If she testifies that 40 hours a week she is working with patients and is often exposed to blood, has been stuck with needles and is generally around sick people, that helps her case. If she (honestly) testifies that in her free time she hangs out with her family, goes bowling and to church, that helps her case. 

But if she were to (again honestly) testify that in her spare time she has lots of sexual partners or regularly shoots up heroin or has been getting lots of blood transfusions for an unrelated illness then it hurts her case.

It is up to the Arbitrator to determine that more likely than not your job was the cause of your problem.  By looking at your whole life experience, not just your work life, we can usually determine how the Arbitrator will decide your case.

This is another example that being honest gives you the best chance of a good result.  If you testify that you do nothing but go to Church and work, but the defense brings in a witness that says you take drugs with them all the time you will look like a liar and will lose 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.

Job accident in Illinois? Stop listening to non-attorneys.

One of the most common mistakes people make when they are hurt on the job is they take legal advice from people that aren't attorneys or from lawyers who don't focus their practice on work injuries.  In the past few months I've heard the following:

-"Why aren't we going for punitive damages?"

-"I also want to sue them for negligence,"

-"I am expecting that we will get millions from this."

There are no punitive damages in Illinois workmans compensation.  You can't sue your employer for negligence and no work injury case would be worth millions.  All of these people said these things and started off with something like: "According to my cousin . . ."

We never discourage our clients from asking questions.  We'll explain anything and everything and we always tell it to you straight.  Go ahead and search the internet for answers. Ask your neighbor questions about their work injury.  But if you let the advice of others mess withy our head, you are usually asking for trouble.

The #1 thing we hear is something like, "My neighbor had a similar injury and his case was worth $30,000.00 more."  If that happened it's one of four things: 1. Your neighbor earned a lot more than you; 2. Your neighbor had a more serious injury or couldn't return to his usual job; 3. Your neighbor's injury was really nothing like yours; 4. Your neighbor is a liar.

Again, don't be afraid to ask questions.  But listen to what we are telling you and why.  Let us work with you and act as a team with 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.

Wheaton workers compensation lawyers- an overview of the DuPage County workers compensation hearing location

Like most attorneys that focus their practice on representing injured workers in Illinois, we don't just handle cases in Chicago.  In fact with our state-wide network of like-minded attorneys, we can help people anywhere.  Here is a brief overview of the workers' compensation hearing location in Wheaton.

The hearing location takes place in the DuPage County Government Center at 421 N. County Farm Road.  Your case will be heard there if you were injured in DuPage County or hurt out of state while working for a company that is based out of DuPage County.

Currently there are two Arbitrators that hear trials in DuPage County for work injuries, Arbitrator Erbacci and O'Malley.  Each of them hears cases for one week out of the month.

Although the hearing location is in Wheaton, you will find that most of the attorneys are not from DuPage County work injury law firms.  Instead the great majority of lawyers are actually based out of Chicago.  Unlike divorce or criminal defense, you might actually hurt your case by hiring a local lawyer.  The most important thing is that they and their firm regularly appear before each of these Arbitrators and focus their practice on Illinois workers' compensation claims.

Injuries in any of the following cities will result in your case being heard at the DuPage County hearing site:

ADDISON
BENSENVILLE
BLOOMINGDALE
BURR RIDGE
BUTTERFIELD
CAROL STREAM
CLARENDON HILLS
DARIEN
DOWNERS GROVE
DUPAGE COUNTY (WHEATON)
ELMHURST
GLEN ELLYN
GLEN ELLYN HEIGHTS
GLENDALE HEIGHTS
HINSDALE
ITASCA
LISLE
LOMBARD
MEDINAH
NAPERVILLE
OAK BROOK
OAK BROOK TERRACE
ONTARIOVILLE
ROSELLE
VILLA PARK
WARRENVILLE
WESTMONT
WESTON
WHEATON
WILLOWBROOK
WINFIELD
WOOD DALE
WOODRIDGE

 

Remember, even though the hearings take place at the courthouse, this is not a lawsuit.  Rather it is a claim for 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.

"I fell out of my chair and hurt my back."

We were asked by someone if this type of accident would be covered under Illinois work injury laws.  The answer is it depends.

If you simply go to sit down in your chair and miss, that is probably not a case.  If you are sitting in your chair, lean forward and fall out, that is also not a case.  You have to show that there is some defect with the chair.

A defect could be that you sat down and it collapsed.  A defect could be that it slid forward because it was on wheels or a slippery surface.  A defect could be that the chair moves up and down and when you sat in it, it shot downward.

Of course there are exceptions to everything, but in general you must prove that some defect caused you to fall out of a chair.

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.

Chemical exposure on the job

If you are walking down the hall at work, slip on a wet spot and twist your knee, there will likely be no argument that the act of slipping is what caused your injury.  If you type all day and get carpal tunnel, there might be an argument as to what caused your injury, but most doctors will agree that typing can contribute to that problem.  In both examples, winning Illinois work comp benefits should be fairly straight forward.

But when you are exposed to chemicals on the job, proving that they are the cause of your disability can be a greater challenge.

For example, we get a lot of calls from truckers that have breathing problems.  A lot of them have inhaled exhaust and fumes.  Unlike diagnosing carpal tunnel or another repetitive trauma injury, injuries from exposure to fumes are harder to medically document.  Even if you can get a diagnosis, it's a challenge to prove to a doctor how much you have really been exposed to.  This is different than a secretary who can credibly testify as to how many hours a day they type and in some cases can pin point the number of keystrokes entered in a day.

If you feel that you have suffered an injury from chemical exposure on the job it likely falls under what is called the Occupational Disease Act.  This is similar to the Workers' Compensation Act and those injuries are also handled by the Illinois Workers' Compensation Commission.

Like every other case, you have to prove your injury is work related.  That is best done by a doctor who has accurate information.  One way to get your doctor this information is through an independent investigator.  OSHA is a Federal Agency that investigates dangerous job conditions.  They are the right people to call to gather evidence. 

In some cases the injury is so severe that we will hire private investigators to gather the evidence needed to prove your claim.  In others the employer is cooperative and cares about their employees and helps us obtain the proof.  Finally in some cases there is a third party that was responsible for the problem (typically a cleaning company or construction crew).  We can sue them to obtain information as to the chemicals they were using.

In general, chemical exposure cases are more of a challenge and take longer to get ready for trial.  But if your attorney is willing to do the work the evidence can be found and your case can be proven.

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.

If you were terminated for b.s. reasons you may still be entitled to work comp benefits

In Illinois, it's illegal to fire someone because they have pursued a workers' compensation case.  It sometimes happens though, often because an employer thinks that if they do so then the injured worker won't get paid as much.  They are wrong.

The law in Illinois is clear on this issue:  If you have a work related injury and are completely authorized off work then you should receive TTD benefits until you have a job to return to.  You could literally punch your boss in the face (we of course don't suggest this) and your benefits would still continue.

If you are released to return to work on a light duty basis or with some restrictions, your employer has to either accommodate those restrictions or continue paying TTD.  If they say that they would have had a job for you except you were "fired for cause" we then need to look at why you were let go.  If you were fired because you punched a co-worker, had excessive absences or were clearly insubordinate then you were fired for cause.  If they would have otherwise had a job for you then you likely won't be able to get benefits.

On the other hand, if they fired you because you couldn't keep up due to your injury, for a made up reason, because they don't like you, etc. then it's probably not a "fired for cause" situation and you should get TTD benefits.

A lot of this can be subjective and often requires us to go before a Judge at trial.  But if your benefits have been wrongly cut off that is our option.

FYI, no matter why you are let go, your medical benefits can not be ended because you have been fired for cause.  So any attempts to end your medical treatment because you have been let go is fraudulent.

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.

Facial hair, tattoos and other important information for injured workers in Illinois

A caller recently injured his back on the job.  Similar to most clients he's a nice guy, hard worker and had never had a work injury before.  As a result he was really taken aback when the insurance adjuster called him and instead of asking how he was feeling focused on things that to his mind had nothing to do with his case.  For example: "Do you have facial hair?  Any distinguishing moles?  How about tattoos?  Long hair or short hair?  Are you overweight?"

The reason for these questions are because the not so subtle insurance adjuster is going to order surveillance on this guy to see if he's faking it or to see that even if he's hurt if they can catch him doing something that a person with a back injury shouldn't do like mow the lawn or rake leaves.  But of course those things do need to happen so unless your doctor has told you that you can't do that or those activities cause you more pain, you have to live your life.

As stated many times over in this blog, just be honest and things will work out.  But this is a good example of how these cases really work.  The worker is focused on their health and getting better.  The insurance company wants to see if they can get a "gotcha" moment and save themselves some money.

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.

Yikes!!! I bet you are glad you didn't hire this Chicago workers comp lawyer

 

A reader writes:

My husband and I hired a Chicago attorney after my husband was injured in a trucking accident.  When ready to settle our case, the attorney asked my husband to sign papers. Before we signed we asked if our Chiropractor had been paid.  Mr. attorney assured us that HE had the bills and the Dr. would be paid as soon as my husband signed the papers.  Well, the Chiropractor never
did get paid.  The attorney lied to me several times, told me that insurance company MUST pay regardless as to what is on the form, because it states that ALL medical bills have been paid.  Back in February of 2009 the attorney said he was filing with the workers compensation board and our case should be heard by March 15th.  We never heard from this attorney again.  When I call, his secretary tells me that he is not in the office, and he will call me back.  I have waited for a return call and called several times since March.  What can we do?  This attorney had my Dr. submit his bills directly to him instead of to the insurance company.  Do we have any recourse?  I also wonder if my husbands settlement should have been so small.  Please advise.  WE need to know what to do next.

Another example of lazy lawyering that gives good attorneys a bad name.  A few thoughts:

1. On all Illinois workers' compensation settlement contracts there is a place to check whether or not all bills have been paid.  If yes is checked then the insurance company is supposed to have paid all reasonable and related medical bills.

2. Sometimes chiropractic bills are not seen as reasonable.  There are a lot of good chiros out there, but some over treat their patients.  This issue should have been taken care of before the attorney hurried off to have the contracts approved.  This is why we always tell our clients that a case is better handled right than fast.

3. Even if the box was checked that the bills were paid and the bills were reasonable and related to the injury, you still have to look at the back of the contract where the settlement terms are written.  If we were going to settle a case like this, we would have clearly written that the insurance company will pay $x to the chiropractor or that the insurance company is responsible for bills to the chiropractor.  Quick tip:  If you are injured on the job, don't ever sign a settlement contract without personally calling every medical provider you have seen and getting a bill from them.  Most lawyers do this for their clients, but this is your life so you need to take control.

4. There is no excuse for the attorney not calling back for months.  When lawyers in Illinois are unethical your only real recourse is to file a complaint with the Attorney Registration and Disciplinary Commission.

We don't know who the lawyer is that caused this problem, but we are guessing that their in-action is because either they screwed up or they have to go back in to court to solve the problem.  Since they won't get any additional money they are essentially screwing their client even though they have really already been paid, they just didn't complete 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.

Are we the right law firm for you? The answer is kind of like getting a haircut.

A potential client was grilling us on our background, history of success, strategy, etc.  We spoke for about 45 minutes and gladly answered his questions.  He finally said that he needed to think about it because he just "couldn't know for sure who the right lawyer was" for his case.

We are not the right attorneys for everyone and not every injured worker is someone we'd represent.  But when searching for an Illinois workers' compensation lawyer or attorney for any type of case at some point it becomes a leap of faith.  Much like getting a haircut, you won't know until it's over if you are going to be happy with your decision.

All that said, here are some tips of questions to ask when hiring an attorney:

-What percentage of your practice is workers' compensation?

-How many trials have you had in the last 12 months?

-What can you tell me about the Arbitrator for the City in which I got hurt?

-Are you going to handle my case directly or will someone else?

-How long will it take for you to get back to me if I call or e-mail?

-How many cases have you handled where the injury is similar to mine?

-What can you tell me about the insurance company for my employer?

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.

 

Ten Illinois work comp benefits you should be aware of

If you are injured on the job, you are not filing a lawsuit, you are making a claim for benefits.  Here are the benefits you can get starting with the three most common:

Medical- No co-pays, no out of pocket expenses, no deductible for any reasonable and related medical care for your work injury.  You choose your own doctor and the insurance company or employer has no right to talk directly to your doctor's office other than to ask for copies of records or bills.

Temporary total disability (TTD)- This is 2/3 of your average weekly wage, tax free, for the time that you are authorized off work for a work injury or have restrictions that your employer can't accommodate.  There is no limit to the amount of time you can receive TTD.

Permanent partial disability (PPD)- When you are all better or as good as you can get, you are entitled to pursue a settlement or go to a trial to get a PPD award from an Arbitrator. The amount you are entitled to depends on the extent of your injury as well as your earnings before you were hurt.

Temporary partial disability (TPD)- Similar to TTD, but this is for people who can return to work, but only on a part-time basis.  You get TPD benefits to make up the difference.

Section 19(h) rights- By going to trial, if you win you will be able to receive medical treatment that relates to the work injury for the rest of your life.  This as referred to as Section 19(h) rights.

Travel expenses- While you typically don't get paid for having to go to your doctor, you should be compensated for the mileage between your house and any doctor that the insurance company chooses to send you to.

Vocational rehabilitation- If your employer can not accommodate permanent restrictions that you have, you are entitled, at their expense, for a job counselor to help you search for new work within your restrictions.  In fact, once you are off work for 120 days the Illinois Workers' Compensation Act requires your employer to begin to develop a plan to return you to work.  This plan almost never happens and is probably the most overlooked law on the work comp books.

Maintenance- This is similar to TTD benefits.  You get this when you are undergoing vocational rehabilitation.  As long as you are cooperating with vocational rehabilitation then maintenance benefits should continue.  There is no time limit for how long you can receive these benefits.

Death benefits- If an injured worker dies from a work related accident and leaves either a spouse or a dependent then those survivors are eligible for death benefits which can be as high as the TTD rate.  The benefits can continue for up to 20 years and there is a minimum of $500,000.00 that should be paid.  In addition there is an $8,000.00 benefit for burial expenses.

Advances- If you are ready for trial and the insurance company isn't, you do not have to suffer.  If they are not paying you for your time off work your attorney can ask for a PPD advance.  This often happens in cases where everyone agrees that money will be owed at the end of the case, but there is a dispute as to whether the worker should be authorized off work or not.  It's not uncommon for the insurance company to "advance" a few thousand dollars up front and then when the case is resolved take a credit for that.  In other words if they advance $3,000 now, if a year from now the case settles for $20,000.00 you will only get $17,000.00 in new money.  The advance is always tax free and there is no interest applied to that so essentially the injured worker gets more money in the end.

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.

The worst case of lawyering we've seen

A caller to our office was hurt in a witnessed accident in 2004.  He hasn't worked since about six months after the accident and is currently receiving social security disability benefits.  None of his medical bills nor missed time from work has been paid for by the workers' compensation carrier.  He has been able to get treatment through his group insurance carrier.

There is a dispute as to whether or not the case is compensable because the injured worker waited a couple of months before he got medical treatment.  On the flip side, the injured worker has a report from a credible orthopedic doctor who says that his injuries were aggravated by a work accident.  Fair enough, each side has a basis for their case so we get the case ready and let the Arbitrator decide.

But that didn't happen there.  Instead of taking the deposition of the orthopedic doctor and getting a commitment from the witness that they will testify at trial, the lawyer they hired has done nothing.  When the injured worker questioned him about it, the lawyer told them "Well, Illinois workers' compensation cases can take a long time.  Waiting 10 years is not unusual."  There is no other way to clarify this other than to say BULLSHIT!!!

This simply is not true.  A case only takes ten years to be resolved for one of two reasons: 1. An injured worker is undergoing medical care, but his benefits are being paid. 2. The injured worker's lawyer is pathetically lazy.

It should almost never take more than 3-6 months to get a case ready for trial.  If your case is denied, you go before an Arbitrator and let them decide.  Waiting two years, five years or ten years doesn't help you at all.  If your attorney is telling you that getting to trial takes a long time then ask them what the plan is to make that happen. 

As a FYI, here is what needs to happen in almost any case in order to go to trial:

1. Secure all relevant medical records (shouldn't take more than 30-45 days).

2. Secure a medical opinion from a credible doctor that the injuries are work related.  Sometimes this is contained in the medical records.  Depending on the case facts you may need to take the deposition of this doctor (often the opinion can take place before a trial is needed.  Time to get a deposition done varies from doctor to doctor, but on average is 30-90 days).

3. Take the deposition of the doctor selected by the insurance company if needed (usually takes place after your doctor's deposition, but can be scheduled well in advance so it shouldn't delay the case by more than an additional 30 days or so).

4. File a motion for a trial.  That shouldn't take more than sixty days from the time you ask for it and can be done before the depositions take place.

5. Secure any witnesses that are needed.

That's typically it.  Workers compensation lawyers in Illinois don't need to be rocket scientists.  They just can't be lazy.

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.