Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

One of the disappointing legal trends in recent years has been "lawsuit funding" companies.  Basically if you have a case pending and these companies can verify what it might be worth some day, they'll give you a loan that is only paid back if you win your case.  If your case goes belly-up then you owe them nothing.

The catch is that they charge incredibly high interest rates.  So if you borrow $10,000 you might find yourself paying back $15,000.  Sure they are taking on a risk, but it's really predatory in our opinion.  Beyond that I think it's a ripoff.

We've had lots of clients ask us about this over the years and since we encourage honesty and are honest ourselves, we always are blunt in our response.  If a client gets this money or doesn't, the amount we as lawyers will receive doesn't change a bit.  So when we tell you that it's a bad idea it is truly sincere.

The only time we could ever envision doing this is if you literally are going to lose your home.  Even then we'd tell you to take a loan for the bare minimum.  It's just not worth it.

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 got a nice e-mail from a client who was originally told by a "Chicago workers' compensation law firm" that he didn't have a case.

Long story short is that the client went to California on a business trip.  He was up early because of the time change and went for a workout.  The hotel had a basketball court so he got in to a pickup game.  Unfortunately he tore his ACL during the game and had to have surgery.

The first firm for some reason said this wasn't a case because it had nothing to do with his job.  That would be true if he wasn't a traveling employee, but he was.  This is a compensable case every day of the week and twice on Sunday.

Of course the first firm he talked to only dabbles in work injuries and apparently the lawyer who gave the opinion has only been licensed to practice for two years.  So he just didn't know any better.

Whether you go with us or any other firm, it is a good lesson that the attorney you hire should focus on Illinois work injuries.  Otherwise you are just asking for a disaster to occur.

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 that request the other day.  The potential client speaks limited English and is much more comfortable in their native Serbian tongue.  No worries, we know competent, experienced Illinois workers comp lawyers that speak Serbian, Croatian, Polish, Spanish, Bulgarian, Chinese, Greek, Estonian, French and probably 20 other languages (English too!).

The point of this is that you don't want to ever hire a lawyer just because they speak your language.  If they have no experience with work injury cases then they are not the right Illinois injury lawyer for you.  Same would be true if you were getting a divorce, arrested for a DUI or anything else.  The experience of the lawyer is always #1 in our book in deciding who is best for a potential client.  Being able to communicate with you is very important too, but a lawyer who speaks your language but has never tried a case isn't going to do you much good. 

Think of it this way.  If they don't have the experience then they essentially don't have the language skills.  Because if they don't know what the Judge wants to hear or what the rules are then it's really just a foreign language to them.

One secret of lawyers is that we don't know how to handle everything you call us about.  The best divorce attorney would be lost at the Illinois Workers' Compensation Commission.  I couldn't tell you how to fill out bankruptcy paperwork and I'm in my 14th year as an attorney.

The good news is that for work comp and most areas of law there are good, experienced attorneys who also speak the language you want to speak.  If you need a name of one 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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Cauda equina syndrome is one of the most life altering problems that an injured worker in Illinois can potentially face.  In a nutshell, when you injure your back you can suffer a severe problem called a herniated disc.  In rare cases these discs become compressed which causes a risk of permanent nerve damage known as cauda equna syndrome.  If you get this it commonly lead to leg paralysis, and loss of bladder and bowel function.

I am writing about this because of the horrible experiences from a client of ours.  He used to be a construction worker and originally hurt his back lifting sheet metal.  Like many of our clients he tried to "tough things out" and unfortunately that is where the problem developed.

You have to be pretty tough to ignore the pain from cauda equina, but doing so puts you at great risk.  In fact if it is not medically treated within 24 hours then it could become a lifelong problem for you.

If you notice loss of feeling in your back or legs or have stabbing, burning pain, get to an emergency room as soon as possible and insist on seeing an orthopedic surgeon right away.  Doing so can be the difference between just a bad experience and a  life of misery.

On a side note, cauda equina doesn't just start with a lifting injury.  It can happen from trauma like getting rear-ended in a car accident or even (and often) as a result of a doctor's error in back surgery. 

Again, don't keep your mouth shut if you have these problems.  Please see a doctor before it is too late.

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 hurt my knee and am going to physical therapy.  I'm still working, but the insurance company said that if I skip work for the time it takes to go to PT, I don't get paid.  Is that allowed?

Typically your employer doesn't have to pay you for hours missed from work because you are attending physical therapy or going to a doctor unless you meet an exception to that rule.

Exception one would be if they are directing you to see a specific doctor or therapist.

Exception two would be if you can't possibly attend those appointments outside of working hours and there isn't a reasonable alternative available.  For example, most physical therapists are open until seven or eight at night.  If you get off work at 5:00 p.m. and would like to go home, that is not going to matter.  You either get PT during the day and possibly lose some pay or you go after work.

On the other hand, if the only therapy option has to take place during working hours then it is possible to get paid for that missed time.  This usually applies to people in more remote areas or people with very unique injuries that not all physical therapists can address.  Other times we see this with doctors that have their own physical therapy clinic and want to do everything in house so they can check on patients (and probably so they can make even more money).

For most clients who can work but still need therapy, it becomes a bit of an inconvenience.  But if you want to get healthy it's one that you have to deal with.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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If you get injured at the work place you have to show that it arose out of your employment (e.g. it was part of your work duties) and in the course of your employment (you were working at the time).  Showing that a fight is part of your work duties is usually the reason you win or lose a case.

If you and a co-worker get in to a fight over a girl, a sports team or some other random nonsense, it will not be considered to have arisen out of your job duties.  Even if you try to back out of the fight, if the fight itself isn't about work you will probably have a difficult time winning the case.

On the other hand, if you are fighting about who needs to do what with a job or something else that is work related, you will win your case as long as you are not the aggressor.  Who the aggressor is can be open to interpretation, but if you throw the first punch you are probably going to lose unless you were somehow backed in to a corner and given no choice.

If you don't start a fight that is about work, but beat the other person up after they hit you, while you might have some criminal problems, under the IL workers comp act you will likely win your case.

This is really a judgment call situation.  We never want anyone to make a conclusion from just reading our blog, but you especially shouldn't make a decision without having someone go over the facts of a fight.  Often each side will tell a different story so while normally witnesses aren't a huge deal in work comp, it is extremely important in fights.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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There was a study done a few years ago by the Mayo Clinic that said typing doesn't cause carpal tunnel syndrome.  Although this study has been mostly rejected it has been used to deny cases.  There is one "independent medical examiner" that does a lot of work for insurance company who writes reports all of the time that says a typist's injuries didn't play any role in their carpal tunnel.

This is, of course, a bunch of non-sense.  The law is clear that if your job plays any role in your injury, including carpal tunnel, your case should be covered.   To imply that typing 70-80% of your day didn't at least aggravate a problem is absurd.

The good news is that most Arbitrators reject the findings of this well known company doctor and award benefits when your treating doctor is in your corner.

When looking for an Illinois carpal tunnel attorney, whether it's via us or someone else, make sure that your lawyer has handled a ton of similar cases.  If you are diabetic, obese, pregnant or have a thyroid problem your case will probably be contested.  A carpal tunnel lawyer that knows what questions to ask your doctor can be the ultimate difference between winning and losing your case.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A recent interesting case was decided at the Illinois Workers' Compensation Commission (we had no involvement in it).

According to reports, an iron-worker was working with his crew back in 1999 (I have no idea why this case took so long to get to trial) and because of the weather they had to stop working just before lunch.  The crew went to a bar and drank for about four hours.  The injured worker couldn't remember how many drinks he had, but admitted to several beers and a shot.

After drinking they went back to the job site and fell from a roof.  His blood alcohol level was said to be .248.  Despite all that the Arbitrator found in his favor even though the law states that being drunk usually kills the case.

The employer appealed and the Commission reversed the Arbitrator.  They said that under Illinois law if an intoxication is so significant that an injury will not arise out of your employment.  The Commission felt that the evidence showed that the fall was caused solely by him being so drunk.  He admitted to no memory of activities after leaving the tavern.  His alcohol level was three times the legal limit.  Medical tests ruled out head trauma as the cause of the memory problem.

On top of all of that, one of the petitioner's co-workers left the tavern and went home which indicated that he could have done that too.

We weren't there, but it certainly sounds like this guy deserved to lose his 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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By far the #1 thing to do if you are hurt on the job is to seek medical treatment.  There is nothing more important in this world than your health and nothing is a close second.

In recent weeks we've had a couple of calls from people that are calling an attorney before they've been to the doctor.  That always concerns me.  One caller doesn't have health insurance and wanted to make sure his treatment would be covered.  I can understand that and that is a client I'd be happy to represent if they had a legitimate injury.

Two callers though hadn't been to the doctor before they called me and their first question was how much is my case worth?  If you read our blog you will see that we preach being honest and that we only go after legitimate claims.  Maybe these guys are hurt, but they are not the type of clients I want to represent.  Those types of clients seem to be the ones that exaggerate their symptoms or generally just don't cooperate. 

There are plenty of lawyers out there for these workers.  Just not us.

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:

Please help me find a Joliet workers compensation attorney or someone near there like Frankfort, New Lenox, Lockport or Bolingbrook.  Honestly, anywhere in Will County is  fine.  I was lifting a box at my job the other day that weighed about 50 pounds.  While doing that I had to sneeze.  As soon as I sneezed I felt a pop in my back.   I've got a herniated disc and the insurance company denied my case because they said injuries from a sneeze aren't covered as that could have happened anywhere.  Am I stuck dealing with this back injury on my own?  I can't work and will lose my house.

Generally speaking, if you just sneeze or cough or doing anything that isn't caused by your job, any injury from that will not be considered work related just because it happened at your job.

That said, this reader is different than most people.  He was carrying a 50 pound box when he sneezed and that surely played a role in him hurting his back.  It may take a report from an orthopedic doctor to win this case, but once that is obtained it's pretty clear that the job at least contributed to his condition.

The key to this case will probably be what he said if he gave a recorded statement (hopefully he didn't and you never should if they ask you to) and what he told his doctor when he gave a history of how he got hurt.  But barring anything unusual this case is a winner.

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 was going over the problems that he's been having with his lawyer.  It's a major injury which has resulted in numerous surgeries and for some reason hasn't ended up in court yet.  The client not only has had back surgery, but also has a recommendation for shoulder surgery.

Apparently the attorney who is handling the case has spent around $15,000 on the case, mostly on depositions.  That is an incredibly high amount, but it will happen in maybe one out of every 500 work comp cases.

The attorney, when learning that the back surgeon suggested a shoulder surgery, got upset because "I can't afford your case any more."  He went on to tell the client to delay the surgery and any treatment for now, not because it was in the best interest of the client, but because it was in the best interests of the lawyer.

If your attorney is ever making decisions that aren't based on your needs you should run.

By the way, in most Illinois workers' compensation claims the expenses involved in the case are under $100.  If you have to take the deposition of a couple of doctors then the expenses can get to around $2,500 when you add in court reporter fees.  No firm I know of, good or bad, asks the client to pay for the expenses up front. It's just part of running a law firm.  We get reimburses our expenses when the case is over.  If your attorney asks you to front the expenses either they are going broke or they don't think much of your case.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A Chicago workers' compensation law firm we respect had an interesting case that I thought would be a good blog post.

Basically the law in Illinois is that if your job caused, aggravates or accelerates a condition it is considered work related.  Just because it happens at work doesn't mean you win.  So if you are sitting at your desk and have a brain aneurysm or heart attack, you'd have to prove that the job played a role.

One of the biggest injuries to suffer that is among the hardest to prove is work related is a stroke.  This happens when there is a loss of blood supply to the brain, usually from a blocked or burst blood vessel.  If not treated right away it could lead to permanent disabling injuries.

The case our friends had involved a fire fighter who suffered a stroke while fighting against a big blaze.  At first you'd think the stress of the situation would make that a winning case, but even then you have to prove how the fire cut off the blood supply to the brain.  A written opinion and testimony from a neurologist will likely be needed.

Strokes often happen after someone has been struck in the head.  So if you are a laborer that gets hit in the head by a brick wall that collapsed, it might be easier to show that a subsequent stroke was work related.  On the other hand, if you are just sitting at your desk and have one or even if you are under a lot of pressure it probably isn't enough to win a case.

Even with a work injury, if you are essentially a ticking time bomb it can be very difficult to win especially given how difficult these cases are to begin with.

The firefighter did end up getting benefits.  If you are in that situation, like any other work injury, we suggest you be honest with your doctor and very detailed about what happened to you.  An attorney can add real value by painting a clear picture of your scenario.  Remember, the job doesn't have to be the only cause of the stroke, just a contributing cause.

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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Recently a caller with an uncontested Illinois workers' compensation claim was worried that her TTD benefits would get cut off because she could not participate in physical therapy as was recommended by her doctor.  Her reason for not participating was quite a good one; she has been diagnosed with cancer and is undergoing chemotherapy.

Typically your failure to cooperate with reasonable medical treatment will result in your benefits being suspended or terminated.  You can't just refuse to do it or go on vacation for a month.  But if you have something that is beyond your control come up like cancer then there is case law that says your benefits should continue.

In general your employer "takes you as they find you."   That means that if you are 350 pounds and your doctor says your weight is preventing you from recovering from a back injury that's not going to hurt your case.  If you have occasional seizures and have one when working on a scaffold causing you to crash to the ground, the seizure problem doesn't bar you from benefits (because your job had you working in a risky position). 

And if you get cancer during a work injury that prevents a return to health for your work injury too, the law is on your side and will protect you as you deal with a much more serious issue.

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 readers asks:

I had an eye injury while on the job.  It was a workman's comp case and the case was settled.  I
have been back to work for several years now but I've had four surgeries since the settlement and it's possible that I might lose my eye-site in the eye that was injured (it was fine for a couple years
but this is no longer the case).  Because I "settled" my case, am I able to reopen it or sue again if
my condition worsens or I lose some or all of my eye sight?
 

This person is probably out of luck because it doesn't sound like they have had a recent new injury or aggravation of the pre-existing condition.  Once you settle a case you almost always close out your medical rights as relates to that injury.  If you wake up one day with a problem then it's not a work comp issue unless your job has somehow aggravated that pre-existing condition.

Here is an easy example.  Client of ours had back surgery from a job injury and settled his case.  Five years later on the job he slipped in a puddle of water and now had to have a back fusion.  Because his pre-existing condition was aggravated we were able to win benefits for him.

On the flip side, had he hurt himself at home or just woken up with back pain that was not made worse by his job there would have been nothing we could do.

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 am an actor part time and have a daytime desk job until I make it big (ha-ha).  The theater company says we are independent contractors and want us to waive our rights to workers' compensation benefits.  Should I do this?

You can sign a waiver, but it is meaningless as it is illegal to waive your right to workers' compensation benefits in Illinois.  No exceptions.  If you are truly an independent contractor, which I am guessing you are not, then it wouldn't matter to them anyway. 

If signing this form helps you keep your job then do it, but know that it can't be used to deny you benefits if you do get hurt on the job.

And of course this doesn't just apply to actors, but to any profession. 

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 no particular order, here are quick blurbs from recent decisions by Arbitrators or Commissioners on Illinois work comp cases:

-Officer who was directed to cross at a certain intersection to get to his job site won benefits for getting hurt in that crosswalk.  Basically because he was told where to go, getting hit by a car was seen as a work accident.

- A coal miner with a history of smoking won benefits for having chronic obstructive pulmonary disease (COPD).  As long as the job contributes to a problem you get workers' compensation and that is what seems to have happened in this case.

- TTD benefits were ended on a previously planned retirement date.  I wouldn't be surprised if this one ended up getting appealed further, but basically because she was already planning on resigning that ended the right to benefits. 

- Back injury leads to permanent total disability award.  In this one the claimant testified credibly about his pain and depression and provided supporting evidence of medical treatment, work restrictions that could not be accommodated and the ongoing use of pain relievers. 

- Reporting a case after worker got fired and exaggerating symptoms shows petitioner isn't credible so worker loses case.  We say it over and over on this blog, don't lie and don't exaggerate.  That along with reporting the accident so later killed this 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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