Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

In yesterday's post we gave advice on what happens at the Commission when you think you are going to trial.  So a reader asked us, "What does it take to get ready for arbitration?"

The answer depends on the case facts.  At the bare minimum you need to secure all relevant medical records by subpoena.  While your testimony sets the story, your medical records almost always guide an Arbitrator's decision.

In some cases the facts make it necessary for a doctor to testify.  They never show up to testify, but rather give depositions.  This can take around six weeks or so to schedule, sometimes more. Usually each side has a deposition so that can tack on another month or so.

Beyond that, unless you need to subpoena information about wage records or schedule a witness, most cases can proceed once medical records are secured and depositions have been taken.  If you are receiving benefits, usually an Arbitrator will not rush your case if the insurance company isn't ready.  On the other hand, if you need surgery or aren't getting TTD benefits, once your case is prepared the case can be tried.

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 tells us:

 I injured my back at work  and my case has now been ongoing for 20 months. I hired an attorney shortly after the injury to protect MY interests. My case has been before arbitration 2 times (the 3rd time will be in one week), and each time my attorney has had me wait in the lobby until it was over. Is this normal, or should I be in the room during arbitration?

Every case is different, but an Arbitration of an Illinois workers' compensation case can not take place without the most important person.  YOU!  Sure you need an Arbitrator and a court reporter, but if you aren't there then there is no Arbitration.

What is probably happening is the lawyers are either: doing a pre-trial which is where they tell the Arbitrator what they think the evidence will show if the case goes to trial.  We do this to get his opinions; or the attorney did this because he isn't prepared for trial and is making it appear as if he's working hard when he's doing nothing.

There is value sometimes in having a client show up to the Workers' Compensation Commission.  Sometimes the Arbitrator wants to see you, other times it's good to have you there if we are in settlement negotiations.  But day after day we go to the Commission and see around 100 injured workers, most of whom don't need to be there.  One firm we know seems to have every client show up when the cases are set for trial even though the lawyer knows he won't be proceeding.  It's unprofessional and actually makes the lawyer look bad.

If you aren't getting benefits and have a lawyer, ask them what they need to do to be prepared for a hearing and ask how long that will take.  Then tell them to get the case ready and to schedule your testimony.  That is the only way to actually get to Arbitration.

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 insurance company can send you to a doctor of your choosing.  Did you know that your lawyer can do that too?

We try not to get involved in our client's medical care unless we have a real strong opinion about the physician they are seeing.  If their doctor is known as a bad surgeon for example, I'd tell a client before they were operated on because that is what you should do for a friend.

Some attorneys for injured workers choose at the end of the case to send their client to a doctor for an opinion as to whether or not the injury is work related.  We don't do that.  In our opinion the most credible doctor is your treating physician.  If they are in your corner, on a disputed case more often than not the Arbitrator will find for you.

We thought of this the other day when talking to a defense attorney friend.  They were dealing with a case where the petitioner's attorney sent their client to a doctor who is known as a hack.  Her firm started comparing reports of this doctor and noticed that they were all basically written the same with the same opinions.

There are "hired guns" for both workers and companies.  Most of them are known by the Arbitrators which kills their credibility.  If your attorney is sending you to one of these guys it can really hurt you.  Ask them why not go to your treating doctor who knows you and knows your medical history.  It could be the difference between winning and losing.

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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Maybe it's because summer is upon us, but for some crazy reason there has been an uptick of people calling us lately that have attorneys who aren't calling them back.  These aren't lawyers that we have recommended.

I have never understood why a lawyer wouldn't call a client back.  It's the easiest thing to do.  If you don't want to talk, e-mail, have your secretary call, do something.  But the reality is, that if a client has a question you should answer it as soon as possible.  After all we are in the service industry.

Too many lawyers love the money they make, but just don't want to be bothered by clients.  There are a handful that we hear about over and over again who when they do call back, choose to scream and/or belittle their client. 

The terrible service is similar to when you go to a doctor's office and have to wait an hour beyond your appointment time.  With the doctor you are kind of stuck.  It shouldn't be that way with an attorney.

If your lawyer isn't calling you back we suggest you schedule a meeting to discuss your expectations and their willingness to meet that.   Quite frankly that should happen before you hire a lawyer.  If things improve great.  If not or if your lawyer is yelling at you or clearly not in your corner it is probably time to move on.

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 writes:

I have a 9-5 job as an accountant.  On the weekends I occasionally volunteer with my church.  I was carrying chairs to set up for a service and slipped on a wet floor.  Unfortunately I tore my ACL.  Some of the people I was working with were employees.  Can I get workers' compensation benefits?  I really just want it for the medical as the co-pays are killing me.

Unfortunately volunteers are not covered under the Illinois Workers' Compensation Act.  So there is no way to make a claim even if you were volunteering with actual employees.  The only possible case is a claim for negligence due to the wet floor.

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 are a lot of myths about bad things that can happen or do happen if you get hurt on the job.  We've heard a bunch of that lately and here are five of the most common ones:

1. I can't get a lawyer in my area because the insurance company or my company buys them all off.  I assure you that this never happens.  It would require to many people to conspire in this, plus lawyers make more money by representing clients anyway.

2. I want punitive damages!!! This unfortunately is not available under Illinois work comp laws.

3. I can't change lawyers because there will be nothing left for me.  We encourage people to stick with their current lawyer if possible, but if you do switch it will not cost you anything.  Total lawyer fees can't exceed 20%.

4. I can't pursue a case because I had the same problem five years ago.  A pre-existing condition isn't completely irrelevant, but it's not a bar from taking on a case if your job has aggravated or accelerated that problem.

5. I want to recover millions!!! That simply doesn't happen in workers' compensation claims.  Workers' compensation does provide great benefits and decent sized settlements for most people.  But the only people who receive something in the mid six figures are severely disabled.  And except for payment of medical bills, there has never been a case in the millions in Illinois.  That is not what some people want to hear, but we are in the business of telling the truth, not blowing smoke.

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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Thoracic outlet syndrome is caused by a compression of the nerves and blood vessels in an area just under your collar bone.  There are numerous possible causes of this problem such as obesity, genetics or pregnancy, but there are two main causes as relates to injured workers.

• Trauma. A traumatic event, like a car accident or being crushed by a machine can cause internal changes that then compress the nerves in the thoracic outlet. The onset of symptoms related to a traumatic accident is often delayed.  So you might be seeking treatment for one problem only to later discover you have thoracic outlet syndrome.
• Repetitive activity. Doing the same thing over and over can, over time, wear on your body's tissue. You may notice symptoms of thoracic outlet syndrome if your job requires you to repeat a movement continuously, such as typing on a computer for extended periods, working on an assembly line, or stocking shelves and repeatedly lifting things above your head.  If you repeatedly carry heavy loads low on your body (rather than against your chest), you may also notice signs and symptoms of thoracic outlet syndrome.

Unlike carpal tunnel syndrome or your basic back injury, most Illinois workers' compensation attorneys have very little experience with thoracic outlet syndrome.   It is an unusual problem because you can have pain in your neck, arm and hands all at once.  Often it is mis-diagnosed as a herniated disc or carpal tunnel.

While your attorney's job isn't to diagnose your problem, you do want a lawyer that recognizes the symptoms involved in these cases.  It is likely that your physician will have to give a deposition and a company hired doctor will have too also.  If your attorney doesn't know the right questions to ask it can be the difference between winning and losing your case, especially if an experienced attorney is representing the insurance company.

If this problem is not caught in time it can lead to permanent nerve damage.  Treatment can include physical therapy, medication or a very complex and risky surgery.

Our office is in Chicago, but we are not just a resource for finding a Chicago thoracic outlet syndrome attorney.  Rather we help everywhere in Illinois and would be happy to give you a free consultation.

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

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We don't claim to have all of the answers.  So we asked a workers comp lawyer in Joliet to be a guest blogger for the day.  He did some Q & A.

I was working with a wrench and slipped causing me to damage a tendon in my thumb.  I had smoked pot the night before, but wasn't in any way buzzed when this happened.  Does that hurt my claim?

It may result in a bogus reason for firing you, but as long as the marijuana didn't play a role in you getting hurt it doesn't affect your right to benefits.

My girlfriend got hurt on the job.  Her boss doesn't know that she lied on her resume about her qualifications.  Had she told the truth she wouldn't have been able to get the job where she got hurt.  Does that lie bar her from winning a case if she is caught?

It certainly will hurt her credibility on the witness stand if it comes to that, but by itself is not a basis for denying a claim.

Do I have to treat at the company clinic?

Unless a union contract says you do, you don't.  And to be honest you should always seek out independent doctors.

My claim is denied and creditors are coming after me for some of the unpaid medical bills for my case.  My lawyer said it might be two years before the case is resolved.  If I file bankruptcy will it hurt my case?

You don't need to do that.  There is a law in Illinois that says if you are pursuing a workers' compensation claim, once you tell a medical provider about the claim they are barred from trying to send you to collections while the case is active.

Is it true that you don't get paid for the first three days you miss from work after an injury?

Yes and no.  It's true, except once you've been off work for two weeks they are supposed to pay you the first three days retroactively. 

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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Most injured workers in Illinois have just one job.  In some cases however, a worker will have two or even three jobs.  This creates issues.

The most common issue relates to your average weekly wage.  You are entitled to benefits based on your earnings.   Whether or not you can include both jobs depends on whether or not the employer where you got hurt knows about the 2nd job.  If they did then you are good to go and your weekly wages for both jobs matter.  This will result in more money for you on TTD benefits and at settlement time.

If you clearly got hurt on one job (e.g. you slipped on a wet floor and twisted your knee) then there is likely no doubt as to which employer is responsible for your work comp benefits.  But what if you have a repetitive trauma injury to your back from lifting heavy boxes or carpal tunnel from typing?  If your job duties on both jobs are similar, how do you prove which employer should really be on the hook?

Sometimes to be safe we have to file a case against both employers.  Other times you know that one job is really working you harder or is where you notice most of your problems.  If one of the jobs is 40 hours a week and the other is 10 hours a week, the full time job is likely the employer to go after.  On the other hand, if your work week is fairly equal at both jobs, unless your doctor has a strong opinion on this issue it's hard to say who is responsible.

One of the first things we do for clients is see who the insurance companies are for the employers.  We've been in situations where the responsible employer wasn't clear, but then we noticed that the insurance company was the same for both of them.  That solved the problem really fast because in the end it didn't matter who was responsible.

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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About once a week we are contacted by someone who has been hurt while working and claims that there employer doesn't have workers' compensation insurance.  Usually this means one of three things:

1.  They really don't  have insurance even though it's a felony not to have it.

2.  There is insurance, but the employer is trying to scare off or discourage the employee.

3.  There is insurance, but the employer has convinced the employee that they are really an independent contractor and that they don't have a right to benefits.

If that happens to you, first you should go to www.ewccv.com/cvs to look up whether or not your employer actually does have insurance.  If they don't then you need to report them to the Illinois Workers' Compensation Commission and they will investigate the company.

Not having insurance doesn't take an employer off the hook.  They are still responsible for 100% of the medical bills and payment for TTD benefits for your time off of work as well as PPD benefits for how this injury will affect you in the future.  To be honest though, unless the employer is running a very solvent business, it is a real challenge to find an attorney to take on the case.

In addition, if you are told you don't get benefits because you are really an independent contractor, that might open up the possibility of a lawsuit against the regular insurance if negligence is involved.

These situations can be tricky.  If you are facing it or just have questions please contact 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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Straight for the Illinois Workers' CompensationCommission presses:

New arbitrator assignments take effect on Sept. 1

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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Before you should even begin thinking about what your Illinois work comp case might be worth, you should be thinking about three words: Maximum medical improvement, a/k/a MMI.

There is nothing more important in this world than your health.  MMI refers to you being as good as you can get.  In other words, no more medical treatment will improve your condition and typically, with the possible exception of some therapy or an annual checkup, you are discharged from medical care.

As a lawyer, until we know that you are as good as you can get there is not a realistic way to evaluate the actual value of your injury.  Perhaps you will have permanent restrictions such as no lifting more than 20 pounds; perhaps your doctor will tell you that you need a new line or work; perhaps (and hopefully) you will be able to do exactly what you used to do.  All of these things impact the ultimate value of a case.  But until you are at MMI we have no way to know how this will play out.  Your doctor might hint that you need a new line of work, but until you are as good as you can get we don't know for sure.

We don't give our medical advice, but it is common for clients to talk about maximum medical improvement with their doctors, not from a legal standpoint, but in terms of where they are going with their care.  If you don't feel your doctor is focusing on getting you better or you are not happy with your improvement, you have a right to a second opinion.

One final thought, being at MMI doesn't mean that nothing can be done to get you better.  For example, you may have a doctor that suggests you need back surgery, but you could decide that you don't want it.  It's not uncommon for a surgeon to say that back surgery is needed, but since the patient doesn't want it they are now at MMI.  Usually in those situations the doctor will have tried more conservative treatment first like physical therapy or cortisone injections.  Once surgery is the last resort, if you don't do it then it would make sense that you are as good as you can get.  Clients in those situations are often given permanent restrictions.

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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Hundreds of workers in Illinois get hurt every year because they miss a step.  Whether or not you have a case depends on what made you miss.  So if that happens to you, please think about it.

If you simply trip over your own two feet then you probably have no case.  If you miss a step for no reason, probably no case.  If you have no explanation as to why you fell, probably no case.

On the other hand, many cases lately wear a step was missed demonstrate what it takes to make a successful claim.

In one case, a doctor was rushing during rounds to see patients.  The Illinois Workers' Compensation Commission found that because his job had him on a strict schedule, he was at a greater risk than the general public.

In another claim, a sheriff won benefits when he mis-stepped.  His explanation was that he was distracted by a conversation with a co-worker.  That was enough to win.

We have seen other cases where workers were carrying files that contributed to them tripping and they all won their cases.  Of course if you fall because of a wet or greasy floor or uneven ground that would make your case a winner too.

If you know what happened that is great.   What you need to be careful of is not saying you have no idea what happened without looking at the accident area.  Always tell the truth, but don't guess as to what it is, especially if you are giving a recorded statement (which you don't have to do) or talking to an investigator.

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

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We are Illinois workers' compensation attorneys.   We know a bit about other areas of law, but it certainly is not our expertise.  One area of law that doesn't have much to do with work injuries, but still comes up all the time is family law.  Here are five nuts and bolts to be aware of.  All of these tips are better clarified by a law firm that focuses on family law.

1. If you get hurt while working, any settlement from that is considered a "marital asset."  In plain English that means that if you get something from the case, your ex can make a claim to half of it.

2. If you have a child support order against you, it can and will get taken directly out of your lost time checks if your ex seeks that to happen.

3. If you owe your ex some money and get a settlement, even if it is for an injury after the marriage started, they can go after that settlement or your weekly checks.

4. If you are married and die while on workers' compensation, even if you were separated or in the process of divorcing, your spouse/ex can get a settlement for how the injury affected you.

5. If you die from a work related injury your spouse gets death benefits which could be terminated if they re-marry.  Your dependent children also receive benefits until they are at least 18.

All of these tips are based on your ex asserting their rights in court.  None of this is automatic.  If you have any questions of course just ask 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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Recently there was a Chicago Tribune article about a doctor that was allegedly doing some illegal things.  We don't know what the truth is, but we do know that doctor has treated many injured workers in Illinois.

It's possible that every patient of that doctor was really hurt and that all of his treatment of them was honest.  But if push comes to shove, the credibility of that doctor is important.   Any defense lawyer I know would rightfully raise a big red flag if they saw that he was treating patients on a case.  That doesn't mean he has done anything wrong, it just means the accusations against him are going to likely taint him and create suspicions.

It's not just the credibility of doctors that matter.  If the only witness to your injury has been convicted of a felony, especially a crime of dishonesty, it hurts you.  If you have three brothers that work at the same factory as you and all three are off work with suspicious injuries, it will affect your case. 

Of course no credibility is more important than your own.  If you give inconsistent statements to your doctors you have trouble.  If they do surveillance on you and catch you playing basketball when you are off work with a knee injury, you look bad even if you were just testing the knee because it felt good that day.  And if you just don't testify well or exaggerate it's going to cause problems.

Credibility matters, especially when you have injuries that are harder to prove like RSD or fibromyalgia or when there is a dispute of the condition of your injury.  And beyond that, honesty matters and usually results in the right thing happening on a claim.

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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