Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Sometimes people call us and they can't understand why they don't have a case.  This was evident the other day.  A caller had fainted at work and received a concussion.  She had no idea why she fell.  It wasn't too hot in the office.  She didn't actually slip on anything.  She just passed out.  Because it happened at work she wanted Illinois workers' compensation benefits.  We unfortunately couldn't help her.

Just because you are at work when you are injured doesn't mean you have a case.  You have to show that your work played a role in your injury.  If you just faint or have a stroke or a heart attack, you still have to show that you job contributed to your problem.

Some fainting situations are work related.  If you are up on a scaffold and faint and then get injured because of the fall, you have a case.  The fact that you were elevated will prove that your job contributed to the ultimate injury, assuming you actually fall off the scaffold.  If you are in a hot warehouse and pass out, we also can likely win your case.  Again, the job plays a role in your accident because of the heat.

But if your job had nothing to do with you getting hurt other than you just happened to be there then there is nothing that can be done 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An injured worker writes:

I am 27 years old and i got hurt on the job in 2007 i have had 2 surgeries 1 was a to clean bone spurs in left shoulder and 2 was a slap repair or pec transfer my long thoracic nerve denerved also and now they sent me to school because because i am not able to do my job any more i made 31.55 hour and now they are talking settlement roughly what kind of money should i be looking at.

Now I can't tell this guy what his case is worth without seeing his medical records and knowing what type of job he can get.  But I would probably tell not to settle right now for two reasons:

1. As mentioned, we don't know how much he can earn so assuming he suffers a big wage loss, there is no way to tell exactly what the change in his earning power will be.

2. More importantly, for his health, it probably makes sense to go to trial and keep his medical rights open for life.  He likely will have future problems with his arm and if he settles his case he will not be able to get medical treatment at the insurance company's expense.  He can still get paid, but he protects his health by going to trial.

Before you settle any case I suggest that you think long term about how you would pay for medical care in five years if your problem started to act up again.  If you don't have a good answer then you probably shouldn't close out your medical rights by settling.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Is . . . . . .  an actual injury.

Workers' compensation is for on the job injuries.  I imagine most people that read this know that, but surprisingly (or maybe not) a lot of people don't.

I recently received a call from a trucker who was fired after his truck flipped over in a wreck.  He luckily had no injuries, but wanted to pursue workers' compensation because he was fired.  "I'm not getting paid any more, so that's my injury" he dead-panned to me. 

Unfortunately for him, that is only possibly a labor law case.  Had he even any injury at all it could have been a workers' compensation claim, but it's not.

Same holds true for the woman who called me two nights ago about being sexually harassed on the job.

If you aren't sure what type of case you might have, just ask.  We'll try and point you in the right direction if we can't help 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A reader asks:

I was hurt on the job when I tripped in a cooler.  I landed on my knee.  No one saw it because it was first thing in the a.m. and I was in the cooler.  Workers' compensation said that they might deny my case because I don't have a witness.  Should I be worried?

You should only be worried if you aren't being honest.  An insurance company might jerk you around, but that's where we come in.  Bottom line is that if you are a credible witness and your medical history reflects nothing other than getting hurt on the job, you will likely prevail. 

What I mean by that is if there is evidence that you might have hurt yourself playing softball or that you had been complaining of knee pain before this, there is a case to be made against you.  But if the only explanation is the one that you gave and you can credibly tell an Arbitrator that you felt fine before this all happened, there would not be much of a basis to deny your claim.

Of course your claim can be denied.  I tell my clients not to worry about the actual denial, but rather worry about our ability to successfully win your case.  If you are honest it usually works 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

What happens when an injured worker dies from something other than the job injury?  A reader asked that question the other day.  It's a great one and while I know the answer, I turned to an attorney we refer some death cases to as I see him as an expert on Illinois workers' compensation law when a worker dies, mostly because he has handled so many cases like this before.  Here is his answer:

When a claimant dies while her workers’ compensation claim is pending several different scenarios can play out depending on the cause of death.  If the injured worker’s death is unrelated to her pending workers’ compensation claim, the injured worker’s estate will be entitled to any award of permanent impairment she may have been entitled to if she had not passed away.  Since the concept of permanent impairment assumes future physical deterioration as a result of the work injury, however, the value of a settlement for permanent impairment may be significantly less than if the injured worker survived.

If the claimant dies of unrelated causes and is receiving weekly benefits as a result of a wage differential or permanent and total disability award at the Workers’ Compensation Commission, benefits will cease at the time of the claimant’s death.

Lastly, if the claimant dies of an injury or condition that was related to her job duties, however, her heirs may be entitled to death benefits if they can establish that they were dependent on the claimant as that term is defined by the Illinois Workers’ Compensation Act.  While the issue of dependency can be very complicated, death benefits can be quite substantial.  In fact, under certain narrow circumstances they could even represent weekly benefits to a dependent heir weekly for the remainder of that heir’s life.

Obviously, things can get very complicated during the pendency of a workers’ compensation claim if an injured worker passes away.  Therefore, we believe it is imperative that the claimant’s heirs consult with either the claimant’s existing workers’ compensation attorney if one was retained or that the heirs obtain their own experienced workers’ compensation attorney to help them navigate this often difficult course through the workers’ compensation system relative to any rights that they have that may survive the deceased claimant.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A reader e-mailed wanting to know what will happen to her Illinois workers' compensation benefits if she were to get laid off of work.

Simple answer is nothing.  That should hold true as well if you are fired or the company goes out of business or is bankrupt.

In the short term nothing changes.  In the long term if you are laid off or otherwise there is no job for you, they have to keep paying your benefits as long as you have restrictions.  Once you are at maximum medical improvement (MMI), if there is no job for you and you can't find one, the insurance company will likely have to provide vocational rehabilitation assistance which is a service to help you find a job within your restrictions.  If you have no restrictions you are probably out on your own in that regard.

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.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

In case you were wondering about what benefits are available, here is an article I wrote for a legal site:

In Illinois, injured workers are entitled to medical coverage as well as payments for lost wages. Here is an overview of the different types of benefits you can get if you're hurt on the job.

1

Medical

In Illinois, your medical bills are covered 100%. You should not have to pay any deductibles or co-pays. There is an exception for treatments that are considered unnecessary or unrelated to your illness or injury; these would generally not be covered.

2

TTD - Temporary Total Disability

When you are unable to work temporarily, or if you injuries prevent you from performing your full duties and your employer can't find other work for you in the meantime, you are entitled to temporary total disability payments. The amount paid is 2/3 of your average weekly wage. The payments are tax-free and there is a weekly maximum. Payments continue for the duration of your disability (or until your injuries are determined to be permanent).

3

PPD - Permanent Partial Disability

If your injury is permanent, you can receive payments for your lost wages. The amount is 60% of your average weekly wage. These benefits can happen after your doctor has released you from his or her care and determined that you are at "maximum medical improvement." A lawyer can get you a settlement or you can get his benefit by going to trial and keeping your medical rights open.

4

PTD - Permanent Total Disability

If you are permanently and completely disabled, and cannot return to any job, you are entitled to permanent total disability benefits. The amount paid is 2/3 of your average weekly wage, subject to a weekly minimum and maximum. The payments last conceivably for the rest of your life.

5

Death Benefits

An employee's surviving spouse and children are entitled to benefits based on a percentage of the employee's wages. Under changes to the Illinois Workers' Compensation Act in 2006, the minimum payout is $500,000.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A caller who hurt his arm on the job contacted us looking to change attorneys.  When we got in to why he was unhappy we heard a familiar story, "the case is taking too long."

But unlike most times when people call us because their attorney isn't acting fast enough, this caller had an attorney who took the case to trial and won.  The insurance company, as is their right, appealed.  Fair or not, that process can take a lot of time and cause some hardships.

Above all though, there is nothing your attorney can do to make the process go faster.  There is a time-line that is set by the Illinois Workers' Compensation Commission as to the appeal process.  Sometimes it takes six months, other times we have seen it as long as 18 months.  It sucks, but getting a new lawyer, especially after you won the trial, will do you no good.  In fact, we think it would turn off the Judges as it shows unreasonable expectations.

We don't blame you if you are frustrated about how long the appeal process can take.  But changing lawyers won't solve anything and quite frankly, we don't know of a lawyer that would take over in a case like that.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When a client found out that we achieved what is believed to be the highest settlement ever on a workers' compensation case in Illinois ($800,000) we were asked we don't promote our results more?

The answer is that it doesn't fit out blog style of communicating.  Most other websites give you no real insight in to the lawyer or how they help clients.

At the risk of all that, I can tell you that in the first six months of 2010 we were a part of more than 100 settlements and trials.  We are most proud of the trial wins, especially when cases have been disputed.  The lawyers we matched callers with have done a great job in securing and fighting for benefits.

With respect to settlements, in 2010 our highest result to date has been $350,000.00 for a badly injured client for whom we were able to obtain compensation for his future wage loss for his injury.  We were also able to connect him with a lawyer who won social security benefits for him after they were twice denied.

Beyond that, we have been involved in 10 total settlements above six figures and have obtained many more in the high five figures.

The settlement we are happiest about just happened.  It was for $325,000.  When the client came to us, they had been offered $125,00.00 and were told by their former lawyer that was as good as it would get.  Because our attorney fought for them we got way more.  This is a good lesson when it comes to evaluating a lawyer.  We've had great results, but it's not about the dollar amounts.  It's about the fact that we go the distance for our clients to get the best results possible.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Fresh off the Illinois Workers' Compensation Commission presses:

We weren't involved in this case, but a Joliet maintenance worker who had a very significant pre-existing back problem was able to win a claim that his lumbar fusion was part of a new workers' compensation claim.

The worker had back surgery in 2003 and some problems after that.  He was working his normal job in 2006 when he jumped off a tractor and the back problem became worse.  Ultimately he had the fusion.

The Arbitrator and Commission relied on the worker's doctor who felt that he was in reasonably good health before he jumped off the tractor.  The jump aggravated the pre-existing problem to the point that a surgery was needed and the worker couldn't do his normal job.

The moral of the story is that a pre-existing problem does not bar you from having a case.  If your job accident aggravates or accelerates your problem you should win.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An insurance company has every right to deny your benefits if they have a valid reason for doing so.  If they have a doctor that says your injuries aren't work related or that you don't need any more treatment, even if that doctor is a hired gun they can cut you off.  If they have a legitimate dispute as to whether or not your injuries are work related, they can cut you off.  If you do get cut off, you have the right to go to trial and prove your case.

But if the insurance company knows that your injuries are for sure related to a work related accident and they just refuse to pay or significantly delay your payments, then they are flat out wrong.

If this happens to you, you can either grin and bear it or do something about it.  The option for doing something about it is to file a petition for penalties and fees.  If the Arbitrator feels that there is no basis for being forced to trial over a disputed issue, he can make the employer pay up a 50% penalty on your medical bills and $100 a day for each day late on TTD.  They would also have to pay your lawyer fees.

In other words, if you have $200,000 in medical bills that are denied for no good reason, you might find yourself with an extra $100,000 in your pocket because of the unreasonable delay in payment.

It doesn't happen too often, but if you are getting screwed over, penalties and fees petitions are great tools to get justice.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I admit that we are in the heart of summer and that there are days where I'd rather be doing anything other than lawyering.  I'm sure there are surgeons, bus drivers, bankers, firemen, etc. that feel the same way.  I for one have spent a little less time in the office of late and more time with the family.

But whether it's a beautiful summer day or a freezing day in February, I recognize that I am in the service business.  If a client or potential client makes contact, it's a rare occasion when they don't speak with me immediately or within a few minutes.  When I am out of the office my messages are e-mailed to me and I call as soon as reasonably possible, usually within minutes.  If I can't call I will have another lawyer call for me.

Unfortunately not every office works that way.  I've received five calls in the last two weeks where people had hired other firms.  While the words they used to express their frustration varied, the message was always essentially the same:  "I feel like my lawyer has no time for me."

As a client you should never feel this way.  A lawyer can't be at your disposal all of the time; every attorney has more than one client.  But there is no excuse for going more than 24 hours without a return phone call, text or e-mail. 

If you can't get communication from your attorney, try one of two things:

1. Schedule a meeting with them to express your concerns and discuss your case.

or if that doesn't work.

2. Have someone you know call the office looking to speak with a lawyer about a wrongful death case.  When the phone gets handed over to the attorney you should get on the line. 

Ok, the 2nd suggestion is drastic, but it does prove a point.  If they will talk to a potential client, why don't they have time for an existing client?

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We always tell anyone that contacts us that the #1 thing they can do is be honest.  Well here is a warning from Pennsylvania that details what can happen if you lie about your injury.

DOYLESTOWN, Pennsylvania — A woman is accused of illegally accepting workers' compensation payments while working as a stripper.

Forty-three-year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday and will face trial next month.

Prosecutors say the woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.

But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar later that year.

Gamble is charged with two counts of workers' compensation fraud and one count of theft. Her phone number is unlisted.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A reader asks:

I have been off work for three months with a work injury per my doctor.  For no reason, I haven't received a check for a month.  What do I do?

Easy problem to solve.  Simply need to file for a trial date and probably for penalties and fees.  That will put the insurance company on the clock and force them to do the right thing.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Four days ago we blogged on independent contractors.  Low and behold, a case was recently decided that summarizes what we were talking about.  This is a summary by a well regarded defense attorney in Chicago.

In Skzubel v. Illinois Workers’ Compensation Commission Division, No. 01-09-0442WC, 2010 WL 1796802 (1st Dist. May 4, 2010), the court found the Commission’s decision that the petitioner was not an employee to be against the manifest weight of the evidence. The petitioner worked delivering Chicago Sun-Times newspapers for Four M every day for two years. Four M’s contract with the Sun-Times required it to deliver newspapers to the destinations by 6:30 a.m. The contract between Four M and its drivers stated that drivers were not employees. The delivery drivers would service a specific route and would use their own vehicle. Drivers could deviate from the route as long as the papers were delivered on time. Drivers were paid a set rate per paper delivered, which could be changed by Four M without notice to the driver. Four M would provide certain instructions on the manner in which papers were to be packed and to whom they were to be delivered and, in some instances, specific delivery instructions. Four M could also terminate the agreement at any time. The driver had to give seven days’ notice to cancel the agreement. The petitioner’s immigration status was pending when she began to work for Four M. Her husband signed the contract because she was not able to legally work. Checks were issued in her husband’s name. The checks were given to the petitioner. Four M admitted at trial that it knew the petitioner was making the deliveries.

The arbitrator found the petitioner was not an employee because of the fact that the checks were issued in her husband’s name. Accordingly, the arbitrator concluded that there was no contract of employment between Four M and the petitioner. The arbitrator also noted there was an issue as to whether the petitioner was an independent contractor but did not rule on the question. The arbitrator also found that because she failed to prove she was an employee, she failed to prove that the Sun-Times was a statutory employer. The Commission majority adopted the decision and further stated that she failed to prove accident without explaining the basis for that finding. The dissenting Commissioner found that the petitioner was an employee.

The appellate court reversed, finding the Commission’s determination on the employment issue was against the manifest weight of the evidence. The court agreed with the dissenting Commissioner that Four M knew the petitioner made the deliveries. Four M admitted that it knew she made the deliveries and that she was given the paychecks. The court found that Four M controlled the actions of drivers such as the petitioner by determining the work days and hours and such things as how the papers were to be delivered. The court also found it equally clear that the work performed by the petitioner was necessary to Four M’s operation as a newspaper distributor. The fact that Four M could terminate the agreement without notice was also a significant factor for the court, as was the fact that the work did not require any special skills. Facts such as that the contract labeled the relationship as principal and independent contractor, that the petitioner used her own vehicle, and that Four M did not withhold taxes and did not instruct her which route to take were not as significant.

The court vacated the holding that the Sun-Times was not a statutory employer because the decision was premised on a faulty predicate. The court also vacated the Commission’s finding that the petitioner failed to prove an accident and remanded the case to allow the Commission to make appropriate findings on the issue. The court noted that the conclusory statement in the Commission’s decision without setting forth any facts in support prevented the court from determining whether it was supported by the evidence.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link