Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

If you are suffering from a back or spine injury, you may be wondering what to do next, whether you need an attorney, or whether you have a workers' comp claim. Here are some answers, as well as some steps you should take after an injury.

1.   Herniated discs, etc.

A herniated disc, also known as a bulging, ruptured or prolapsed disc, is a common back injury. Discs are pads of cartilage that separate your vertebrae and cushion the spine from stress or shocks. Discs can be injured from a one-time trauma, such as a car accident or lifting something heavy, or from repetitive motion. They also can deteriorate over time due to aging. As a result, you may feel pain or numbness in your back or legs, or even your feet. Other common injuries include back sprains, strains and fractures. More serious back and spine injuries can result in paralysis, including paraplegia or quadriplegia.

2.  Workers' compensation

If your back injury was caused by your job, you are entitled to benefits under the workers' compensation system. The most important thing to do, whether you are injured suddenly or start to feel pain over time, is to see a doctor. Tell your doctor how you were injured. Also, notify your employer of your injury. After these initial steps, you'll want to file a claim with the Workers' Compensation Commission. You should be entitled to benefits, including 100% of your medical bills, lost wages for time off work, and more depending on the permanency of your injury.

3.  Pre-existing conditions

If you already had back problems before your job injury, you may be worried about whether you qualify for workers' comp. In Illinois, you are entitled to benefits if your job caused, or worsened, your condition. In other words, if you had a bad back but it was made worse because you had to bend and pick things up all day at work, then you can probably still get benefits. In these cases, your claim may be disputed by your employer or the insurance company. If this happens to you, you should hire a workers' compensation attorney to present 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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The general rule is that you need to be an employee to be eligible for workers' compensation benefits. However, the definition of employee is complicated. Just because your employer tells you that you're an independent contractor, doesn't mean you can't get workers' compensation benefits.

1.  Employee vs. independent contractor

The difference isn't always clear. There are many factors to consider, including whether you have taxes taken out of your pay check, whether you can come and go as you please or if you have a schedule, whether you have a uniform, whether you have tools or other equipment given to you, and how much instruction your employer gives you in performing your job. Basically, the more control your employer has over you, the more likely you are to be considered an employee.

2.  Your employer doesn't get to decide

It's not up to your employer to decide whether you are an independent contractor for the purposes of workers' compensation. They may tell you you're ineligible, but just because a piece of paper labels you as an independent contractor doesn't mean it's the case. If there is a dispute, the Illinois Workers' Compensation Commission will decide based on the factors listed above.

3.   How an attorney can help

The law in this area is designed to prevent employers from avoiding the workers' compensation insurance requirement. However, they may try to avoid it anyway. If you believe you are treated as an employee, an attorney can help you prove 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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If you are injured at work, you are probably overwhelmed. How can you make sure you get benefits? Should you hire an attorney? Here are seven tips to get you started.

1.  Be honest

There are many steps and stages in an Illinois workers' compensation case, and you'll probably end up telling your story over and over again. Being honest about where and how you were injured will save you from inconsistencies that could hurt your case. Further, honesty with your attorney is absolutely necessary. If your lawyer isn't well informed, it will get in the way of their ability to represent your best interests.

2.  Report your injury right away

As soon as you are injured at work, you should report the injury to your supervisor. Not only will notification start the benefits process, but it will satisfy the 45-day notice requirement in Illinois. If you don't notify your employer of your injury within 45 days, your benefits could be denied. The best way to report your injury to your employer is in writing.

3.  See a doctor

Nothing is more important than your health. If you are hurt on the job, you may be concerned about getting in trouble. Or you may think your injury is too minor to seek medical attention. This should not stop you from seeing a doctor. In Illinois, 100% of your medical expenses are covered by workers' compensation insurance (so long as the treatment is reasonable and related to your work injury).

4.  Keep a journal

A written account of your injury is a good place to start. Write down how and when you were injured, who was there, and who was notified. Keep track of your interactions with your employer and their insurance carrier regarding your benefits. Write down any changes, whether good or bad, related to your health. You never know how long your Illinois workers' compensation case will continue, so it's a good idea to have a reliable record rather than rely on memory.

5.  Hire the right attorney

Find an attorney who only handles Illinois work injury cases. Hiring someone who dedicates his or her practice to representing injured workers is more likely to lead to success. Attorneys who focus on workers' compensation interact often with the Illinois Workers' Compensation Commission and its decision makers. As a result, they often develop personal relationships that give them a head start.

6. Communicate with your lawyer

From the beginning, tell your lawyer the complete story. After that, keep your lawyer up to date on any changes in your case, including your health. Again, the best way to do this is write everything down. If your lawyer isn't informed, then your case could suffer. Illinois has many good work injury attorneys who will do everything they can to get you benefits, but they can't succeed unless they have all the information.

7.  Don't be a tough guy

If you get hurt, get treatment. Your health should be your number one priority - don't wait around for your injury to worsen. Also, getting treatment right away will help establish that your injury happened at work (a fact insurance companies try and dispute). The more time that goes by between an injury and treatment, the easier it is for the insurance company to argue that the injury was caused outside of work.

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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Insurance companies want to close cases and will make settlement offers in order to move things along. These offers can be tempting, but they are almost always low. Think twice, and read this guide, before settling your claim.

1.  Don't settle too early

Timing is very important in deciding whether to settle a work injury claim. Insurance companies often offer settlements too early. How soon is too soon? If your medical treatment is ongoing, it's probably too soon. You should wait until your treatment is complete and your doctor has determined that any resulting injury is not going to improve. If you settle too early, you can lose all rights to additional medical benefits, which you may need.

2.  Don't settle too low

You can almost always get some sort of settlement for your workers' compensation injury, even if the injury is minor. Just because the insurance company says your case is closed or that there will be no settlement offer, does not mean it's true. Unless the statute of limitations has run (you're beyond the deadline), an attorney can help you re-open your case.

3.  Don't settle on your own

You have a better chance at getting more money in settlement if you are represented by an attorney. The insurance company is not your friend. It's in their best interest to settle your claim early and for as little money as possible. If you have a workers' comp injury or claim, find an attorney to look out for you. Even if you've been offered a settlement, it's not too late to get help.

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 other day I posted an article I was asked to write about benefits.  This is the 2nd article I wrote on the types of injuries in work comp cases.

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

1.  Repetitive Trauma

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

2.  Traumatic Physical Injuries

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

3.  Occupational Diseases

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

4.  Mental Injuries

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

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

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And you can blame Gene Keefe, a well known workers' compensation defense lawyer, for causing workers, insurance companies and employers to have to pay more money.  From my standpoint, he is not only hurting workers (which probably pleases him), but also hurting his actual clients (which makes no sense).

Long story short is that in most cases we issue a subpoena to get your medical records.  Standard charges have been $20 per subpoena.  On a typical case it will cost around $40-$100.

Keefe and his client, Dr. David Fletcher, alleged that Fletcher was losing $20,000+ a year on copy costs and labor.  Never mind that Dr. Fletcher makes a mint off of treating patients, he wasn't happy with the way things work.  Strangely though, he sought help from the one attorney who shouldn't want to help him.

In a recent Appellate Court decision, the Court ruled that subpoena fees shouldn't be $20 a pop, but rather that medical providers can either bring their chart to court (which would be a waste of time and useless) or we can pay per page based on how many records are copied.  If this was costing one doctor $20,000+ a year, you can imagine how much this will cost injured workers and employers.  If you have a doctor with 1,000+ pages of medical records relating to your care, you might be faced with a bill for $200 or so.  We advance those costs, but in the end it comes out of your pocket.

This matter will likely end up at the Illinois Supreme Court as it even implies that the Illinois Workers' Compensation Commission doesn't have power to issue a subpoena.  Hopefully, for the sake of workers and businesses in Illinois (other than the doctors who will make a windfall), this rule gets straightened out.

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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I think I posted something like this before, but just in case . . .

If you are going to trial, here are 10 tips:

1. Ask your attorney to go over your testimony and the questions he/she will ask a day in advance.  There shouldn't be surprise answers or questions.

2. Listen to the questions asked and answer only that question.

3. Speak up.

4. Don't ramble.  This will hurt you.

5. The trial will probably be just you, two attorneys, a court reporter and an Arbitrator in the room.

6. Most hearings take less than a day, often less than three hours.

7. Just tell the truth and don't embellish.  If you don't know or don't remember, don't guess the answer.

8. Dress appropriately.  That doesn't mean a suit, but no hats, shorts, low cut clothing, etc.

9. Take your time.  There is no hurry to get a case over quick. 

10. Stay calm.  The other attorney is just doing their job.  Your lawyer should prepare you for what they might 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.

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It is readily accepted at the Illinois Workers' Compensation Commission that excessive typing will contribute to carpal tunnel syndrome.

That said, most of us spend some time during the day on a computer or phone typing when we aren't at work. 

Some insurance companies are trying to use this fact to deny claims.  Be very careful what you say about your social activities.  You don't have to discuss that with them.

As long as your job plays a role in you getting carpal tunnel syndrome, a good Illinois carpal tunnel syndrome attorney should be able to get you benefits.

There is one doctor in Chicago who is often hired by insurance companies and almost always says that typing at work didn't play any role in the carpal tunnel developing.  If that happens to you, we simply need to get a credible statement from your doctor that your job did play a role.  29 out of 30 times that should be enough to win 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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If you have an Illinois workers' compensation claim, the insurance company has to pay for all of your reasonable and related medical bills and all of your time off work so long as there is no doctor that is saying you don't need treatment or that you can work.   You get these benefits as long as your condition lasts.

Under our laws, you may also be entitled to a settlement.  99% of injured workers usually get something, the total amount depends on how bad you were injured and how it will effect you in the future.  But the insurance company does not have to make you an offer and there is a reason why they do not.

When you settle a case for an injury to your arm, leg, foot, hand, fingers, eye or toes, an insurance company gets a credit for any future (or past) settlements related to that same body part.  For example, you break your leg and it's decided you have suffered a 20% loss of use of your leg.  If a year from now you tear your ACL on the job in the same leg, the insurance company would get a 20% credit.  So if your case was worth 30% loss of the leg, they would only pay you 10%.

However, there are no credits for injuries that are considered man as a whole - back, neck, chest, head, etc.  So insurance companies often won't settle those cases voluntarily because if they give you 10% of the man as a settlement today, if you re-injure yourself in a week they get no credit and basically might have to pay you the same settlement twice.

So while you can always get a settlement or an award (by going to trial) with a lawyer, they don't have to give you one.  And if they don't it is probably because they have something in their interests, not yours, that is motivating them.  If you wait for them to do the right thing, you might find that the time to bring your case has come and gone.

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 have received a lot of client questions about social security lately.  So in no particular order, here are some tips:

1. You can receive social security benefits at the same time you are getting workers' compensation benefits.

2. If you are approved for social security that does not mean you are permanently disabled under Illinois workers' compensation laws.  The standards are way different, namely getting social security means it is anticipated you will be off work for more than one year, not necessarily forever.  Proof that you are on social security is for the most part legally irrelevant for your work comp hearing.

3. What is relevant from social security is any medical records relating to your application for benefits.  Sometimes the Government will send you to a doctor and those records can be entered in to evidence before a work comp Arbitrator.

4. When settling a case for someone who is receiving social security, it is common to use what is called "spread language."  When you are getting SS benefits, the Government will take some back if you have other sources of income.  Spread language changes your settlement contract to reflect that the settlement represents payment of a claim over your life expectancy.  You still get the money in a lump sum, it's just that the Government can't take it all back now.

5. If it is anticipated that you might go on social security benefits in the future because of your injury or even if you have just applied for them, it is important to reflect that in your settlement contract.  If you don't prove that you have considered the interests of the Government you may end up losing a ton of money.  The only surefire safe way around that is to take your case to Arbitration and get an award from the Judge.

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 have received a bunch of interesting questions lately.  So in no particular order:

The attorney I hired for a workman's comp case wants me to sign a power of attorney form giving him full power of attorney over any monies received in my case....my gut tells me don't do it.  What do you think?

We don't know who your lawyer is, but it's almost certainly nothing to worry about.  The settlement check is made payable to you and your lawyer.  This power of attorney allows them to simply sign your name to the check, deposit it in to their client trust account and then write you a new check for your portion.  The alternative option is for you to come in person and sign the check, but it makes no difference.  I can't imagine your firm won't provide you a copy of the original check and a settlement breakdown.

 I was wondering when a settlement contract has been signed, how long does the employers insurance company have to pay?  I thought there was a statute or time length. The employer signed on May 30th, I received it and returned it on June 10th. Thank you for your time.

The key date is actually when the contract is approved by an Arbitrator.  You usually get paid within 30 days of the date that happens and the approved contract is sent to the insurance company and in reality it's typically less than two weeks.  There is no law about when it has to be paid, but more than 30 days would be odd.  Insurance companies actually want to send the settlement check because once they do and it's cashed they can close their file.

My attorney said he was invited to a settlement day and wants me to come with him.  I can't find any information about what that is.

Insurance companies have a motto that a good file is a closed file.  That could also be taken to mean that a good file is a settled file.   Some insurance companies want to settle a case, but a lazy lawyer sometimes prevents that from happening.  Settlement days usually happen at the Commission and allow attorneys to discuss any case in person with an adjuster to try to end the case.  If your case is ready to settle then your attorney's request is a good sign.

 Is it true that I have to be done with treatment for six months before I can get a settlement?

No, but it's often a good idea to wait at least a couple of months after you are done treating before you settle.  Once you settle the case is done forever.  Better to settle too late than too soon.

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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I am a big believer in dealing with the law as it is as compared to the way I or anyone else wants the law to be.  This thought is clearly shown when discussing illegal immigrants who get hurt on the job in Illinois.

A caller told us the workman's comp law firm in Chicago that he consulted with said he would not get benefits because he was an illegal immigrant.  He wasn't being paid under the table so in every way but one he is like every other worker.  And like it or not, he gets work comp benefits.

The reason for this law is to discourage employers from hiring illegal immigrants.  Basically our legislators didn't want companies to have an incentive to hire illegals, e.g. they would hire them thinking that would be a way around work comp laws.

I personally think it's a good law although it doesn't deter anyone.  Unfortunately some injured workers are afraid to come forward.  We can't guarantee anything, but we have never heard of a worker getting in trouble with the Government because they pursued 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.

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We are a workers' compensation law firm in Chicago, but what we do is unique in that we give free advice and then recommend an attorney (not always us) who we think is best suited to handle your case based on the unique facts of your case.  Two+ years ago we referred a caller to a lawyer in our network who is really good at knee injuries and is well liked by the Arbitrators in Joliet where the claim was going to be heard.

The dispute in the case was over whether a surgery was needed or not.  The attorney did what he should which is get the case ready for trial and proceed.  The Arbitrator found in favor of our client.  That made sense as the treating doctor said surgery was needed and it was related to the job injury.  He also said until surgery takes place our client can't work.  They appealed to the Commission as is their right and as happens with most cases, the party that won at arbitration (us) won the appeal.  For some reason they appealed to the Circuit Court and we won there too.  They can try to appeal it further, but it seems like a waste of time.

Meanwhile, they now owe our client more than two years of TTD benefits for his time off of work and they still have to pay for the surgery.

I don't think it happened in this case, but sometimes insurance companies will appeal as long as they can in order to push injured workers to the brink. Our guy is fortunate that he can survive financially, but others aren't so lucky.

If you are hurt on the job and it appears that there is going to be a dispute over your benefits, we suggest that you prepare for the worst situation which is a possible delay of the outcome.  Sometimes you win in the end, but suffer to get there.  Don't sell yourself short and resolve your case when you still need medical treatment or have no job.  Even when things get tough, there is usually a light at the end of the tunnel and in the end you usually win and the insurance company discovers it wasn't 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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Hopefully you are not working today, but if you are stay safe.

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We often hear from people who are wondering whether they can “re-open” their workers’ compensation case. It depends on the situation.

If you signed a settlement agreement, you’re probably out of luck. You can’t go back and change the agreement. Typically when you settle, you agree that you will not get any future medical or TTD benefits. So if you settled with workers’ comp for a back injury five years ago, and then you wake up one day with back pain, it’s not a workers’ comp issue anymore.

However, if you re-injure your back at work, doing something work-related, then you’re probably entitled to medical coverage and benefits. The distinction is whether the injury acted up outside of work or because of your work. In Illinois, aggravated pre-existing injuries are generally covered under workers’ compensation.

If you have not settled, but the insurance company tells you that your case has been closed, you have a better chance. Generally, the insurance company can’t just decide to close your case. So if it seems that your case has suddenly been closed without your knowledge or agreement, contact a workers’ compensation attorney. They should be able to “re-open” it and negotiate a settlement 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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