Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

If your work injury prohibits you from working or forces you to work with restrictions, you may be entitled to temporary total disability benefits (TTD). Basically, you will get a check every other week to compensate you for lost wages due to your injury.

The amount of these checks is based on your average weekly wage for the 52 weeks prior to the injury. The law entitles you to receive 66 2/3% of these wages. For some workers, the amount is easily calculated. For others, it can be tricky.

It’s important to have an attorney – not your employer insurance company – figure out your true average weekly wage so you don’t end up short. The TTD calculation needs to take several things into account, such as overtime, and whether prior earnings reflect vacation time or sick leave.

There is a minimum and maximum amount for TTD benefits, set by law. So if you earn a lot, you may not receive 66 2/3%. On the flip side, if your wages are low, you may receive a larger percentage of your wages. The law on these amounts changes often, so check with your attorney.

Also, keep in mind that TTD benefits are not owed unless you are unable to work for more than three work days. Benefits are owed starting on the fourth day. If you are unable to work for more than 14 days, you are then entitled to compensation for those first three.

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

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In general, if you are hurt during a volunteer or recreational activity, if it wasn't mandatory then it's not covered under Illinois workers' compensation laws.  We recently were contacted by a woman from Joliet who was injured while dancing at an office party.   Sadly for her, attendance at the party wasn't mandatory nor was the dancing.  While she might have a negligence lawsuit for how she got hurt, there is no workers' compensation option.

That said, there are exceptions to this rule.

Case in point, we are now representing a teacher who contacted us looking for an Aurora workers' compensation lawyer.  She hurt her knee playing in a student-teacher volleyball game during an assembly.  Participation wasn't mandatory and her job wasn't to play volleyball.  But the injury took place during her normal work hours and it's reasonable and beneficial to the employer that the teacher took part of this activity.

The case was denied by the insurance company because it was not mandatory, but that misses the point.  The rules on this mostly apply to out of work activities, not activities during working hours, especially when it benefits the employer.  And why I guess we could always lose, I'll bet you a nickel that we don't.

Moral of the post is that don't let the insurance company give you legal advice or anyone else other than an attorney for that matter.  New case law is created every day and most people have unique circumstances.  And since it is free, it never hurts to get an honest opinion.

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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Many people are worried about being able to afford an attorney.  That should never be a problem if you have an Illinois workers' compensation claim because our law firm and every other in Illinois only gets paid if we make a recovery for you at the end of the case.  And with very few exceptions, that fee can never exceed 20% of what has been recovered.  Yet some people still shy from leveling the playing field by getting an attorney in their corner.  Why?

Recently I was contacted by an injured worker who was getting jerked around by the insurance company.  They were unreasonably denying his medical care even though their doctor said surgery was needed.  Absolutely no basis what-so-ever and this is a really solvable problem.  We've helped on scores of cases before and explained all of this to the injured worker.

This was three months ago.  He didn't hire us and I looked on the Illinois Workers' Compensation computers, he didn't hire anyone else.  I made a follow up call and he's still dealing with the same nonsense and in a lot of pain.  He's not hiring anyone because he doesn't want to upset the insurance adjuster who "seems really nice."

Good thing happen in life when you make your own magic.  When you don't, you have no one to blame but yourself.

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 client called me after his Illinois workers' compensation benefits were cut off when he went to an IME (independent medical examination) appointment with a physician at the request of the insurance company.

The doctor is 70+ and his office is only open on Tuesdays.  The client says he timed the exam and it only lasted four minutes.  The doctor's opinion was that the worker was in fact hurt, but he didn't think the pain was from the work accident.  He didn't identify the mysterious cause of his problem or address the fact that the worker had no back pain until his accident.

These are the games an insurance company will pay.  The bad news is that his benefits are cut off.  The good news is that unless the Arbitrator finds the IME opinion to be credible, he will win his trial.

So does this doctor sound independent or credible to you?

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

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A common question from clients is how to handle a situation where they are being watched.  A few times a year a caller will tell me that the Government has planted a chip in their head or that Oprah watches them through the TV.  That isn't what I'm talking about with this advice.

If you think you are under surveillance as part of your injury claim, you can call the local police.   Surveillance isn't illegal, but most towns have a law that requires private investigators to register with the police in town before they start any activity.

More importantly, just be honest and don't give them a reason to spin videotaped evidence in a way that makes you look bad.  If you tell the doctor you can't lift anything and they have you on film carrying a 50 pound bag of dog food, it doesn't look so good.  In fact that can destroy your case.

This doesn't mean that you sit in your house and do nothing.  Just live your life in a normal way.  If you aren't lying to the doctor or insurance company then they can catch you doing whatever you are able to do and there shouldn't be any problems.

Finally, if you do know that you were under surveillance, let your lawyer know.  We can usually find out what company did it and subpoena copies of the tapes from them.

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 don't always do the wrong thing, but they make money often by doing the right thing.   Smart people run these billion dollar organizations and they have done studies of ways to discourage claimants and lawyers.  For example, if you are in a car accident and have minor injuries, many insurance companies will pay nothing to you even if you clearly weren't at fault.  They realized that lawyers don't want to take these small cases to trial and that by frustrating everyone, they win by often doing the wrong thing.

In workers compensation in Illinois, it's not uncommon for an insurance company to tell you that your medical benefits are denied because an injury is pre-existing.  Worst case scenario for the insurance company is that you get a lawyer and they end up having to pay what they actually owe.  Best case scenario is that one out of ten people give up and ignore their case.

Recently a 50 year old janitor who had back surgery 10 years ago was hurt on the job when he slipped on a wet floor.  He re-injured his back and his doctor says he needs a new surgery.   His daughter came to us for help because her Dad had given up and assumed that the insurance company decision was final.

As John Belushi said in Animal House, "Nothing is over until we say it is."  If the actions of the insurance company seem unreasonable, don't let it worry you.  There is a method to their madness which fortunately can be countered.

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 hear from a lot of people who have this common complaint. They try and try but they can’t seem to get in touch with their attorneys. In law school, most of us weren’t taught customer service, but I believe it’s a big part of what we do.

There are plenty of reasons behind poor client communication – busy schedules, heavy caseload, no update to report, but these are pretty much just excuses. The truth is that you deserve to be kept up to date on your case and have your questions answered in a reasonable time (not two weeks later). Attorneys have an obligation to communicate.

We’ve even heard from people who can’t remember their attorneys’ names. If any of this sounds familiar, we suggest setting up a face-to-face meeting with your attorney. If that doesn’t work, it may be time to switch attorneys, which you have the right to 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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If you get injured on a business trip – whether it’s at the airport, the hotel, the convention center or a bar – you may be covered under Illinois workers’ compensation. In other words, you may be eligible for benefits, such as medical coverage and lost wages.

You’re probably thinking that’s a little crazy. We tend to agree – it’s a broad rule. But that’s the way the system works, and if you’re entitled to benefits, we want you to know.

Let’s say you live in Chicago, and you are in Denver for work. You decide to do some hiking in the morning before your meeting, and you fall and break your leg. Your entire reason for being in that city was for your employer’s benefit. You wouldn’t have been injured if it weren’t for your job.

When you’re home, injuries before and after work hours aren’t generally considered work related. If you get injured while getting a cup of coffee on your way to work or having a drink with colleagues after work, you probably won’t have a claim. But when you’re travelling for your job, almost everything you do while you’re there is considered work related.

There are exceptions to most rules. There are times when an out-of-town work injury isn’t covered; and there are times when an after-hours injury at home will be covered. Don’t decide that you don’t have a claim without talking to an attorney first.

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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Not every state allows workers to choose their own workers’ compensation doctor. Illinois does. You don’t have to see a doctor chosen by your employer, even if they insist. You get to pick who treats your work injury.

Speaking of enforcing your rights, remember that if your claim is approved, your reasonable and related medical expenses will be covered 100%. This means no co-pay and no out-of-pocket expenses. Also, your employer or the insurance company can’t talk to your doctor, except to request records.

These rights are important, and protecting them is one of many reasons we recommend talking to an experienced workers’ compensation attorney about your claim. Neither the insurance company nor your employer is going to fight for your best interests. A good attorney will.

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, you’ll want to consider all possible options for compensation while you recover, or longer if your injury is permanent. You’ll also want a thorough attorney who explains all these options to you.

One question we get a lot is whether an injured worker can apply for workers’ compensation and social security at the same time. The answer is yes. There is some sort of myth out there that it’s illegal. We’re not sure where this came from, but it’s not true.

That said, applying for social security benefits may not be the best option in every case. Be sure to discuss it with your attorney, or give us a call.

If you are approved for both types of benefits, social security will reduce its amount based on your workers’ comp benefits. Basically, the rules say you can only get up to 80% of your former wages. This is called the workers’ compensation offset.

Be particularly careful if you are nearing the settlement stage of your case. Language can be included in your settlement to help protect your social security 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 hear about cases all too often where someone exaggerates or lies about a work injury. We screen our cases very carefully and instruct our clients to be completely honest with us from the beginning. It’s the only way we do business. It’s rare, but when we discover a client is lying, we withdraw from the case.

People lie for all sorts of reasons. Maybe they feel that their doctor isn’t listening to them, so they exaggerate their pain. Maybe they don’t want to go back to work on light duty, so they lie about the extent of their injury.  No matter the reason, it’s a terrible idea.

Not only can it be considered fraud, but it could give the insurance company a reason to stop your benefits. It can also result in a lower settlement amount. Be upfront and honest with your doctor and your attorney. Even a little white lie can hurt your credibility, and your case.

And don’t think you won’t get caught. On big cases, it’s not uncommon for private investigators to follow claimants and make sure they’re as injured they say they are. You may be asked to submit to a functional capacity examination that is designed to determine your disability level. It’s basically used by the insurance company to find out whether you’re faking it.

Honesty really is the best policy. Tell the truth about your work injury, even if you’re tempted not to.

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 order to get workers’ compensation, you not only have to be injured while on the job, but your injury must be related to your job. In other words, just because you were at work when the injury happened doesn’t mean you’re covered.

If you are just as likely to get the injury elsewhere, then you may be denied benefits. You need to prove that your job put you at an increased risk for the type of injury you suffered. Here are three examples:

Heart attack. If you can’t prove that your job made it more likely that you had a heart attack – that the job contributed to the heart attack – then you will probably be denied benefits. If you can show that your job is extremely strenuous and puts you at an increased risk, then benefits would be more likely.

Insect bite. Although usually harmless, some bites can be poisonous. If you get bit by a spider in your office job, it’s probably not a workers’ comp claim because you’re just as likely to get bit by a spider at home or anywhere else. However, if you are a park ranger, it’s arguable that your job put you at an increased risk -- compared to the general public – for insect bites, and therefore an injury would likely be covered.

Standing. If your injury was caused by the fact that you’re on your feet all day, the law is not on your side. The simple act of standing does not put you at an increased risk. However, if you were required to do excessive walking or stand on an uneven surface or wear harmful shoes, you may have a claim.

Every case is different, so don’t decide based on this list that you do or do not have a claim. Give us a call for 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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It’s common to see a chiropractor for back pain, but if you’ve suffered a serious back or neck injury at work, you may want to see an orthopedic doctor for treatment.

We are not trying to rip on chiropractors or hand out medical advice. When we see trends in work injury claims, we want to pass them along. And in our experience, Chiropractors simply have less credibility with insurance companies, not to mention judges. Generally speaking, we believe your claim will be more successful if you are being treated by an orthopedic doctor.

If you have questions about whether this applies in your situation, feel free to give us a call.

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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Every once in a while, we like to post about the three main benefits available to injured workers under Illinois’ workers’ compensation laws. The system is complex, and there is a lot of misinformation out there. Here are the basics:

100% of medical expenses. If you suffer a work related injury, you are entitled to 100% coverage of your reasonable and related medical expenses. There are no out-of-pocket expenses or co-pays. Whether the expenses are considered reasonable often depends on medical opinion.

TTD benefits. Temporary Total Disability benefits are the checks you receive from workers’ comp if you are unable to work or forced to work with restrictions. The general rule is that after three days of being unable to work due to the injury you are entitled to receive 2/3 of your average weekly wage until you recover or reach maximum improvement. The average is based on the 52 weeks prior to the injury. There is no time limit for how long you can receive TTD benefits.

Settlement permanent injury. PPD, or permanent partial disability, is for permanent injuries. It’s usually paid in the form of a settlement, meaning that you (hopefully with the assistance of an experienced attorney) negotiate with the insurance company on what your injury is worth. There are many factors, and no two settlements are alike. It depends on things such as your wages, the type of injury, how it affects your career and life, and how it affects your future. Attorneys often determine settlement value by analyzing past cases in Illinois, both settlements and court decisions.

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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Only employees are entitled to receive workers’ compensation benefits from their employers under Illinois law if they are injured from their employment.  Independent contractors are responsible for their own insurance.  But how can you determine whether or not you are an independent contractor?   Even if your boss classifies you as one, it does not necessarily make it so.  The specific facts of your relationship are more important.

Many factors will be looked at to determine your proper status, but the major focus is on the right to control the performance of your job duties.  If you are an employee, your workday is subject to the control and supervision of your employer.  When you work, where you work, what you do at work are all decided by your employer. It is not only the end result of your work that matters, but the process you use to get to that end result.

On the other hand, if you are an independent contractor, your boss will be mostly interested in the results of your work, but not necessarily the manner and means used to accomplish that result.  You are likely using your own equipment or tools, making your own schedule, and deciding for yourself the details for how you are carrying out your day-to-day responsibilities. 

In one case, even a taxi driver who rented the taxi from the cab company, kept all his own fares, and purchased his own gas was determined to be an employee.  What governed the decision was that he was told the minimum number of passengers he was to pick up each day, and which geographic area he should stay in so that he was reachable by dispatch radio.  Here the company was in control over the methods, and therefore the driver was an employee.

So just because you are told you are an independent contractor, and therefore not entitled to receive workers’ compensation benefits, you don’t need to except that as the final answer.  Examining the details of your employment will help you see if you can get what you may be entitled to.

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No attorney can guarantee a client a result and there certainly is no such thing as the "best" lawyer for workers' compensation or any other area of law.  The best workers compensation lawyer in Rockford isn't going to be right for you if you need a work injury attorney in Peoria.

Still though, there are characteristics that can increase your chances of success.  If the attorney you are working with does workmans comp, but also DUI, divorce, bankruptcy, writes a few wills, etc., they are a jack of all trades lawyer.  They might be able to succeed for you, but when you have one shot at a case your best bet is with a lawyer who does nothing other than represent someone who is hurt on the job in Illinois.  When an attorney spreads themselves too thin they miss out on many developments, changes in the law or procedure as well as the opportunity to develop important relationships with Arbitrators, insurance adjusters and defense lawyers.  If they are on trial for two weeks in a divorce it does nothing to help their work comp clients.   Plain and simple, the right work injury attorneys for 99% of people are those who spend most if not all of their time on workers' compensation claims.

I thought of this point last week when the following memo was sent out by the Illinois Workers' Compensation Commission: 

ATTENTION ALL CLERKS AND ATTORNEY’S

NEW STATUS CALL PROCEDURES

Please be advised that starting Monday, November 1^st we are going to go back to the old 19B procedures. This means that 19B’s for that days call must be turned in no later than 12:15pm on the day of the call. They are to be placed in the box on the counter in the Arbitration Department marked 19B’s.

There will be no emails accepted for 19B’s.

19B’s can be dropped off on any day before the call but no later than 12:15 on the day of that call to make it on the listing. 19B’s will once again be posted to the internet immediately following that days call.

Now it's possible that a general practice lawyer would know of this change, but can you imagine if your benefits have been wrongly denied and you are expecting that you will get to go to trial, only to find out that the case is getting pushed back a couple of months because your law firm didn't know how to properly file a case?  I'd be livid if I were you.  That's at least two more months of no pay and many worries.

Mistakes happen all of the time.  We do it.  But missing something basic shouldn't happen.  If you see that your attorney handles every case that comes through the door, don't be surprised when you have a bumpy ride.

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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