Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Someone who called us was upset because her attorney is asking her to be patient in waiting for a response to the settlement demand that was made on her behalf.  A demand was made in September and no response has been made.  She wanted my opinion on her request to her lawyer to call every day until he gets a response.

We know the attorney and he is very competent.  He is correct in not agreeing to his client's request because it would hurt the client.  If an insurance company or their attorney see that every day you are asking to settle they will assume you are desperate and will "low ball" you.

Now this doesn't mean you have to wait around forever.  If you are no longer receiving medical treatment and are working your normal job then once 60-90 days have passed we think it's appropriate to send a settlement demand.  If you don't get a response within 30 days then it makes sense as your lawyer to motion your case for trial.

Asking the Arbitrator for a trial date doesn't make you look desperate to an insurance company, it makes you look serious.  It also puts their feet to the fire in terms of deciding whether to resolve the case or not.

If they won't settle or offer a fair amount just go to trial.  But don't hurt your case by trying to ask every day for money.  If you do you can bet that you will end up with less than you deserve.

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 is the right time to hire an Illinois workers' compensation lawyer?"  We got this very good question from a recent caller who was in a car accident about one year ago on the job.

The answer is the right time depends on the facts of your case, but since you pay the same amount for a lawyer no matter when you hire them, there is no reason to do it later rather than sooner.

In this case, the client was hit by a police car and also may have a case against that driver.  The time limits to sue a Government employee are usually one year and some times even six months.  This caller got to us just in time. 

His case is not contested right now, but it would have been helpful if we could have interviewed any witnesses when the accident happened.  We also could have provided help with getting his initial bills paid as that was trouble for him.

The biggest reason to hire an attorney right away is to have your case formally on file with the State. That prevents the insurance company from arguing that you didn't notify anyone in time about your injury and also gets your case assigned to an Arbitrator.  That means that if your benefits are improperly terminated or denied, you will be able to get a hearing much quicker because you will already be assigned to a Judge, your attorney will be (should be) prepared with all of the relevant information about your claim and it allows your lawyer to schedule depositions in a faster fashion.

Often hiring a lawyer is really just like a security blanket at first in case something goes wrong.

As a FYI, a lot of people that call us are worried about their jobs.  Not to say that someone hasn't ever been fired for having a work injury in Illinois, but if they are going to fire you, we think the chances are less if you are in fact represented.  Also please know that we almost never deal directly with the employer, but rather deal with the insurance company as we don't want to make waves that could hurt your career.

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 foreman for a construction called us about his injury from falling off of a scaffold.  He was hesitant to work with an attorney because the insurance company had been so nice to him.  The only reason he called he said was because, "I have a twenty pound lifting restriction, but in physical therapy they are making me lift 40 pounds.  I asked the therapist why this was happening and she said the nurse case manager for the insurance company told her to do it."

This is a classic insurance company trick.  They act nice, but then they do something like this that could lead to a really significant, long term injury or drastic worsening of the current problem.

There is nothing more important than your health.  These "nurses" actually interfere with your health and recovery by making suggestions to your doctor or other providers. 

What the insurance company doesn't tell you is that they are not allowed to talk to any of your medical providers without your permission other than to ask for copies of records and bills.

It's not uncommon for our first act when we get on a case to be to notify the insurance company that they no longer can talk to the doctors.  We also make sure that they provide copies of any reports that have been prepared.

The reality is that these people are not looking out for your best interests or health in most situations.  We have seen them try to make a doctor perform a more risky surgery that is cheaper or delay surgeries altogether.  They have no right to do this and you shouldn't let them.  We sure won't.

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 first for me, I got a call from a male stripper who was injured when lifting a client at a downstate uhm "ladies club."  He actually herniated a disc in his back and won't be able to perform/work for at least two months.

His problem is that while he was paid minimum wage, he didn't report any of the significant tips that he earned every night.  So while he was really making around $1,500 a week, his wages were reported at around $300 a week.

Like any other injured worker he is entitled to 2/3 of his average weekly wage tax free.  If he were to go trial, a Judge would only award him $200 for his lost time instead of the $1,000 he is really entitled to.

It's a good lesson for waiters, bellhops, skycaps and yes strippers.  Your wages are what you report.  You don't want to be on a witness stand having to admit under oath that you cheated on your taxes as that would, of course, set up a whole new set of problems for 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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A real salt of the earth laborer contacted us recently from Ohio.  He is the type of guy that has worked for thirty years, doesn't complain about anything and is just doing his best to take care of his family. 

He works for an Indiana company, lives in Ohio, but seriously hurt his back in Illinois while doing some work.  The insurance company told him that he wasn't eligible to file in Illinois and that in order to get the treatment he needs, he should just put everything through his group insurance.  They "graciously" offered to pay his out of pocket expenses. 

When he questioned them about his eligibility to file in Illinois they relented and said he could, but he'd have to come to Illinois for all of his medical care.

Of course this is all a bunch of lies and nonsense.  If you are injured in Illinois you can pursue benefits through Illinois and from what we've seen, our laws are the best in the country for injured workers.  If you live out of state you can 100%, absolutely treat with a doctor of your choice in your area and do not have to come back to IL every time you need a checkup.

Can you imagine if you lived in another state, but had to drive here three times a week for physical therapy?  That would be insane.

What's ironic about this recent case is that if the insurance company would have just done the right thing, this guy probably never would have gotten an attorney and they could have saved 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.

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A caller said that and also said:

He never calls me back.  Is rude when we do talk.  Wasn't prepared for court.  He thought I had worked for my company for ten years when it was only ten months.  The final straw when I was having a breakdown about the pain I was in from not being able to get the surgery I need was him telling me in response about how his back hurts from playing golf!!! I want to switch attorneys, but don't have the money to pay off this jerk.

First off, it never ceases to amaze me how awful and arrogant some attorneys can be.  It's not that hard to return calls and treat people with respect.

Second, we always encourage people to stick with their current lawyer if possible, but clearly this is a situation where it makes sense to switch.  Once the case is done, it's done forever and you don't want to look back with regret.

Finally, whether you hire one lawyer or 20 lawyers, the maximum attorney fee in Illinois workers' compensation cases is 20% of what is recovered for you.  If your old attorney wants a piece of that 20%, it's up to him and your new attorney to work out.  You don't have to pay anything to that first lawyer out of your pocket.

So don't switch attorneys if the problem can be rectified.  But also don't stay with your lawyer because you don't think you can afford to switch.

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 general there are only three benefits you can get under Illinois workers' compensation law:  Payment of all related medical bills, 2/3 of your average weekly wage tax free for the time you are off work and permanency which compensates you for the permanent nature of your injury.

A lot of clients want to know compensation for pain and suffering, especially when they are severely hurt or they have been treated poorly.  Unfortunately pain and suffering is not a benefit you can get under Illinois workers compensation law.

We can in some cases file for what is called penalties and fees.  If there has been an unreasonable denial of your benefits and/or an unreasonable delay, we can petition the Arbitrator to award you this additional compensation.  This can mean up to $10,000 in payments for late pay from the time you have lost for work and up to 50% of any medical bills (e.g. If you are wrongly denied a surgery that would cost $30,000.00, the Arbitrator would make them pay for the surgery and give you an additional $15,000.00).

Since these cases aren't lawsuits we can't get the Arbitrator to award you pain and suffering compensation nor can you get money for your spouse for the suffering they have gone through as a result of you not being yourself.

When we go to trial we do make sure that the Arbitrator hears about all of these problems though because when it comes to compensating you for how the injury has permanently affected you, we think it's relevant.

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 asks:

I was forced to participate in one of those "team building" exercises.  Normally I'm a salesman, but for this a group of us went in to a conference room and did a bunch of time wasting activities.  In the "trust fall", my knee gave out when catching someone and I have a torn meniscus.  The insurance company told me that because it wasn't part of my job activities I don't have a case.  Are they right?

In short, no.  The key thing you said was "forced" to participate.  Would anyone do team building for any other reason?  Because it was mandatory for your employment it is part of your job activities even if it's not what you normally do.  Another example of how you shouldn't just trust what the insurance company tells you.

A similar question came from a caller recently:

I was offered a discount to join a health club through work.  It wasn't mandatory, but I felt like it was a good idea because my boss was doing it too.  Long story short is I tore my rotator cuff while working out.  Do I have a claim?

For that one we'd need to know more, but probably not.  It wasn't a mandatory activity.  Unless your job preparation involves working out e.g. a dancer, athlete, trainer, etc. then it's probably not 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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A reader asks:

I had hurt my knee at home and was at work on crutches.  As a "joke" (ha, ha) my co-worker came up from behind to try and tip me over.  End result is I twisted my knee worse and now have a torn meniscus that needs surgery.  The insurance company denied my case because they said it was horseplay.  Are they right or just lying to me?

They are wrong.  Under Illinois workers' compensation law, if you get injured while "engaging in horseplay", e.g. goofing off, your injuries are not covered.  The exception is if you either did not participate or were not a willing participant.

So if the co-worker had hurt himself then his injuries would not be covered.  But our reader was an innocent bystander who did not want to participate in the shenanigans.  We are confident that if we went before an Arbitrator that he would rule that the injury is work related and the insurance company has to pay for all of his related medical bills, all his time off work and for the permanent nature of his injury.

On a side note, even though he clearly had a pre-existing condition, because the work related accident aggravated it, the pre-existing problem should not matter.

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 general, if you are driving your car to work to start your day or home after a long days work, injuries that you sustain in a car accident are not covered under the Illinois Workers' Compensation Act.  There are, however, a few exceptions.

1. If you are a "traveling employee" and driving to or from a client site, injuries from a car accident would likely be covered because you are benefiting the employer.  An exception would be if you "deviated from your normal route."  e.g. If you were driving to a client meeting, but stopped at the mall to go shopping.  An injury there would not likely be covered.

2. If you are carrying materials for your employer.  In a recent case, a construction worker loaded materials in his truck at the end of the day to bring back the next day.  Because this activity benefited the employer he was able to win benefits when he was in an accident.

3. We have seen cases where employees drive around company cars that essentially serve as an advertisement for the company.  You've surely seen cars with websites and phone numbers all over them.  When this happens and you are in an accident while driving, a strong argument can be made that promoting the company was part of your job.

The general theory around all of these cases is that the employer "expands the range of employment" by having transportation be used for the benefit of the company.  If you think that is what happened to you let us know and we will tell you if we think that you have 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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A recent case decided at the Illinois Workers' Compensation Commission shows once again that you never should let your employer or their insurance company tell you that you don't have a case because you are an independent contractor.

According to the case, a trucker who was issued a 1099 form and labeled an independent contractor, was really an employee who was entitled to benefits for his work injury.  He had a long, continuous relationship with the defendant, he worked full time and exclusively for the defendant and the defendant provided him with the equipment to complete his job.  They also had the right to terminate him.

Under Illinois law, this trucker was found to be an employee because the employer had control over him.  He had signed a form that said he was an independent contractor, but under Illinois law you can not sign away your rights to workers' compensation.

In other words, if it looks like a duck, talks like a duck and acts like a duck, it's a duck.  If you look like an employee, talk like an employee and act like an employee, you are probably an employee.  Don't let them tell you that you are not.

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 asks:

I suffered a torn rotator cuff injury which I had surgery. Since then have had numbness to my hand. The numbness comes during periods of time standing or walking. My doctor who is well qualified thinks it might be carpal tunnel but waiting to see if the swelling in the shoulder is possibly causing it.  My question is that if it turns out to be carpal tunnel is this a new case or is this a injury that came from the rotator cuff injury?

We see this a lot where one injury caused another.  We've had clients with leg injuries who have fallen down the stairs and broke their arm.  We've had others that used crutches and ended up with an elbow injury.  And we've seen some clients start with rotator cuff surgery that end up with carpal tunnel.

As for whether it's one case or a bunch of separate cases, that answer depends on what your doctor thinks was the cause of your problem and whether or not there was a new accident.  It's often a big benefit for the client to have a 2nd case because the more recent an injury date, the higher the PPD or TTD rates can be.

In general though, we don't think you should worry about whether you have one cases or two cases.  The most important thing is to get the proper medical treatment so you have your health.

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 asks:

Do you know how permanent partial disability is valued for contracting MRSA
or C-diff?

Those are two terrible infections.  But unlike a back injury or ACL repair, usually when you go through the horrible treatment for those problems, you are as good as new.  So how do we determine what your case is worth or is it even a case at all?

The reality is that permanent partial disability for the most part is a myth.  You can break a bone and it can grow back stronger than before, but you would still receive a settlement for that injury.  Same with MRSA and other internal injuries. 

Permanency is typically figured out by looking at your medical records, comparing your problem to past cases and seeing how this injury will affect you in the future.  Even with a full duty return to work and even if you are now feeling great, there is still some permanency.  Having those treatments weakens your immune system and could cause additional problems in the future.

We can't tell you what the injury is worth without a review of the records, but it is certainly worth something and most likely that something is somewhere in the five figures.  MRSA or other staph infections are known to come back too, so before you settle it's a good idea to make sure that you've been treatment free for many months.  You might still have it, but not be experiencing any symptoms.

So while we can't just give an answer that says your case is worth $X, you can bet that if you have MRSA, C-diff, etc. that is is worth something.

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 comment came from a frustrated caller.  Essentially their lawyer hadn't called them back in a week to tell them what he would do about the fact that his TTD benefits had been cut off.  The Waukegan work injury attorney's "apology" was something to the effect of, "I'm sorry that it has taken me so long to get back to you, but I have 200 clients and you are just one of them so you have to be patient."

Really?  Your source of income gets cut off and you should just be patient?  I don't think so.

So many attorneys seem to forget that while they have a lot of cases, their clients only have one.  This is why our office and the lawyers we affiliate with do not handle finger contusion or other really minor injury cases.  It takes just as much time to handle those cases and we'd rather focus our time on helping clients that have a lot at stake.

If you call your lawyer and you don't get a call back within one business day, we view that as a bad sign.  In fact our policy is to always return calls ASAP. 

Can you imagine a surgeon telling a gunshot victim to be patient?  Either can we.  When your benefits have been terminated your life is on the line so to speak.  Demand better of your 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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